Hext v. State

The offense is murder, and the punishment is 25 years in the penitentiary.

This is the second appeal of this case. Disposition of the first appeal will be found in 271 S. W. 81, 100 Tex. Cr. R. 24, where a sufficient statement of the facts is recorded.

Appellant complains at the court’s action in refusing to give the statutory definition of an accomplice and to affirmatively in.-*243struct the jury that, if defendant was only an accomplice, he could not be convicted under the indictment in this case. The charge of the court failed utterly to submit this issue to the jury and defendant excepted to…