Porter v. State

ON MOTION FOR REHEARING

KRUEGER, Judge.

Appellant, in his motion for rehearing, again asserts his contention that the trial court erred in not instructing the jury that Muriel Shields was an accomplice. We said in our original opinion that the evidence showed conclusively that appellant originated the enterprise and not Muriel Shields, and that therefore, she was not an accomplice, citing a number of cases supporting the doctrine announced and overruling any and all decisions apparently to the contrary. See Jones v. State, 162 S. W. 1142; Miller v. State, 298 S. W. 593; Deatherage v. State, 237…