Tran v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

WILSON, Justice.

Appellant’s motion for rehearing is granted. Our opinion of September 16, 1993 is withdrawn, and the following opinion is substituted.

A jury convicted appellant, Nghia Van Tran, of murder, and the trial court assessed his punishment at 65-years confinement. On appeal, appellant primarily challenges the trial judge’s failure to submit an accomplice witness instruction in the jury charge. We reverse and remand.

The evidence viewed in the light most favorable to the verdict showed that on January 30, 1989, appellant and several other…