Roach v. State

Citations

• 4 Tex. Ct. App. 46

Syllabus

<p>1. Evidence—Accomplice. — Article 653 of the Code of Criminal Procedure (Pasc. Dig., art. 3118), which interdicts a conviction upon uncorroborated evidence of an accomplice, applies not only to technical accomplices as-defined in the Penal Code, but also to principals, accessories, and all participes criminis.</p> <p>2. Same—Charge of the Court. — Testifying for the State, a co-defendant in a murder case inculpated himself as a principal, if at all. The court below, in its charge to the jury, gave the technical definition of an accomplice, in connection with the requirement of corroboration, but omitted further explanation of the term “ accomplice.” Held, that the charge was. calculated to mislead the jury to the prejudice of the accused, and, though not objected to at the trial, necessitates a reversal of the conviction.</p>