¶1concurring.
¶2I agree to the reversal of this conviction because I believe that the confession made to the district attorney (not the one set forth in the majority opinion) and introduced by the state makes the appellant guilty as an accomplice to the crime of theft committed by his brother and not guilty of theft. Cook v. State, 14 Texas App. 96, and Schwartz v. State, 158 Texas Cr. Rep. 171, 246 S.W. 2d 174, affirmed 344 U.S. 193, 97 L. Ed. 23.