Thompson v. State

MARTIN, Judge.

The offense is murder; the penalty death. A former appeal of this case is reported in 19 S. W. (2nd) 316. A companion case, Davis v. State, is reported in 26 S. W. (2nd) 649. The facts sufficiently appear with the various law points discussed.

Present with appellant at the time of the killing and participating in same were Thomas and Woodrow Davis. Respecting the latter witness the Court instructed the jury:

“You are instructed that Woodrow Davis is an accomplice. Now you cannot convict the defendant upon his testimony alone, unless you first believe that his testimony is true and…