Williams v. State

Citations

• 42 Tex. 392

Syllabus

<p>1. Indictment foe murder. It is not necessary to allege in the indictment the particular acts done hy several parties in committing murder ; but should it he attempted in the indictment to set out specially the particular acts done or part performed by them respectively, and the facts so alleged as to some of them he insufficient, the indictment as to them should be quashed.</p> <p>2. See indictment held insufficient as to part of the defendants charged with murder.</p> <p>3. Accomplice—-Evidence. In Article 653 of Code of Criminal Procedure the word accomplice is used in a much broader sense than in Article 219 of Penal Code ; in the former it evidently includes principals and accessories, and the testimony of any such would, require corroboration before a. conviction could be had.</p> <p>4. Accomplice—Witness. Several persons were jointly indicted for murder; the District Attorney dismissed as to one who testified in behalf of the State. Held, that the court should in such case instruct the jury that the testimony of the witness must be corroborated before finding the others guilty, although the witness in his testimony should deny participation in the crime.</p>