Sims v. State

on rehearing.

Jnue 27, 1923.

LATTIMORE, Judge.

— On more mature reflection we believe our opinion in error in stating that there was no exception to the court’s charge for its failure to tell the jury that one accomplice could not corroborate another. While said exception is coupled with another paragraph of the exceptions as presented to the trial court, we have become convinced that it was definite and should have sufficed to call attention to the omission. We further believe the failure of the learned trial judge to so instruct the jury was hurtful to the accused. Ratcliff v. State, 89 Texas…