Barnhart v. State

OPINION ON REHEARING.

BAKER, Judge.

The appellant insists that the statement of facts filed in this case, under the showing made oh his motion for rehearing, should be considered by this court. After a careful examination of said motion, the affidavits attached thereto, and the certificate of the judge, we have decided that we should consider the statement of facts herein.

There is only one question which we deem necessary to consider on this motion for rehearing, and that is the failure of the court to charge the jury on the law of accomplices, in connection with the testimony of the state’s…