Durham v. State

on motion for rehearing.

MORROW, Presiding Judge.

— In the motion for rehearing and argument of counsel it is earnestly insisted that reversible error was committed in embracing in the charge the abstract statement that “all persons are principals who are guilty of acting together in the commission of an offense,” insisting that the charge is misleading in the absence of an additional instruction applying the law of principals to the facts of the case. If it were upon the law of principals that the State relied for a conviction the soundness of the proposition would not be open to controversy.…