Eron Harris v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

If we understand the gist of appellant’s renewed complaint, it is that the court should have amplified his charge on principals, and in substance have told the jury that the acting together of Burleson and appellant must have been the result of a conspiracy — that is, the result of a previously formed design to kill Gann. The State’s evidence, if believed, showed that Burleson and appellant were acting together. Appellant was present; struck Gann, and told Burleson to shoot Gann, which Burleson immediately did. The facts make pertinent the charge given…