Hoffman v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

Appellant predicates his motion for rehearing upon the sole proposition that the court should have submitted to the jury the issue whether the witness Wagner was an accomplice. We still remain of the opinion that the evidence fails to raise such issue. Gibson was Wagner’s friend and had come to town with Wagner in the latter’s car. The conclusion from Wagner’s evidence is that Gibson had made arrangements with appellant to secure from him some whisky: that Wagner knew it and at Gibson’s request drove to the place where appellant got the whisky and…