Kitchen v. State

ON MOTION FOR REHEARING

MORROW, Presiding Judge.

The sufficiency of the evidence to support the verdict is challenged. Appellant claims that in proving the corpus delicti the State relied alone upon the testimony of witnesses who were accomplices within the meaning of Art. 801, C. C. P., which forbids the conviction of one of crime upon the uncorroborated testimony of an accomplice.

It is the State’s theory that Melton Carr, a negro, was induced by the appellant to ravish his wife. Carr, who had been previously tried for the offense and against whom a verdict of guilty assessing the death…