Thacker v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— The prosecution grows out of the same episode as that portrayed in the case of Harris v. State, 97 S. W. (2d) 226. The evidence before the jury in the Harris case correctly sets forth the facts as related by the witnesses upon the trial, but the evidence adduced upon the appellant’s trial is not regarded such as to characterize him as a principal offender. The law of principal offender is accurately stated by Mr. Branch in his Ann. Tex. P. C., p. 345, Art. 75, in the following words:

“When an offense is actually committed by one or more…