McCutcheon v. State

GRAVES, Judge.

Appellant was convicted of burglary with intent to steal, and was sentenced to serve a term of two years in the penitentiary.

There is only one proposition presented to us suggesting an error in this trial. That proposition is contained in appellant’s request to the trial court to instruct the jury that the witness, Mr. Matthews, was an accomplice, and in the event of the refusal of such instruction, then that the court submit the fact of such accompliceship to the jury.

Mr. Matthews testified that he knew appellant by sight but not by name. That appellant had bought a little…