Gillespie v. State

HEUDERSOM, Judge.

Appellant was convicted of incest, and his punishment assessed at two years confinement in the penitentiary; and appeals.

By appellant’s first bill of exceptions he questions the action of the court in charging the jury on accomplice’s testimony. Said charge is as follows: “If the jury shall find from the evidence that the witness Lizzie Gillespie, with whom the incestuous intercourse is alleged to have been had, did voluntarily, and with the same intent that actuated defendant, unite with him in the alleged commission of the offense set out in the indictment, then and in that…