Creek v. State

*795OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for theft. Punishment was assessed by the jury at two years.

The indictment alleged that the offense occurred on or about March 29, 1972, and the record reflects that trial was in September, 1974.

Appellant contends that the court erred “in failing in its charge to the jury, to apply the law of accomplice testimony to the facts in evidence.”

The record reflects that the court charged the jury abstractly relative to the law governing testimony of an accomplice witness, the pertinent part of the charge reading:

“A conviction cannot be had…