Carr v. State

I concur in the result reached, but not in the holding and the reasoning of the majority.

The appellant complains that the “trial court erred in failing to charge the jury on the issue of accomplice testimony as to R. J. Harden.”

He does not make clear whether he contends the court erred in failing to instruct the jury that Harden was an accomplice witness as a matter of law or erred in failing to submit to the jury as a fact issue the question of whether Harden was an accomplice witness. It is observed that he duly requested both charges, both of which were denied by the court.

If there is…