Briggs v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— It is insisted that the jury should have been instructed affirmatively that if the appellant was employed by G. W. Briggs to gather and butcher the cattle and that G. W. Briggs received the proceeds and that the appellant had no guilty connection with the transaction he should be acquitted, and refers to the case of Morton v. State, 14 S. W. (2d) 852. In that case it is specifically stated that the language used by the court referred to the substance and not to the form of the instruction that should be given to the jury. The record in the…