Stevens v. State

(Concurring). — In his motion for rehearing appellant cites Carr v. State, 128 Texas Crim. Rep., 510, 82 S. W. (2d) 667, and Sterling v. State, 93 Texas Crim. Rep., 527, 248 S. W., 684, as being in direct conflict with the holding in the present case, and written by the same judge who prepared the original opinion herein. The Carr case does not seem to be in conflict with our announcement here. So far as the record shows Edwards — held to have been an accomplice witness — appears to have lodged the idea of the crime there charged in Carr’s mind, and put the offense in motion. In Sterling’s…