Mckeen v. State

Citations

• 7 Tex. Ct. App. 631

Syllabus

<p>1. Principals — Accomplices — Charge op the Court.—When an indictment for felony charges the defendant as a principal offender, he cannot, under the Code of this State, he convicted as an accomplice. It was error, therefore, in the trial of such an indictment, to give in charge to the jury the provision of the Code defining accomplices, as the law applicable to the case, instead of the provision defining principal offenders. Scales v. The State, ante, p. 361, cited with approval.</p> <p>2. Accomplices under the Code of this State would in most of the States and at common-law be denominated accessories before the fact, and, save in cases specially excepted, the rules applicable to the latter apply also to the former.</p>