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446 S.W.2d 326

Chapman v. State

Court of Criminal Appeals of Texas

Decided October 29, 1969

Court of Criminal Appeals of Texas · decided 1969-10-29

Cited by 1 later decisions — most recently September 1971

1 state decisions

Relies on Odom v. State · 152 Tex. Crim. 624 - Stephenson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1969-10-29

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¶1OPINION

MORRISON, Judge.

¶2The offense is accomplice to robbery; the punishment, twenty years. This is a companion case to Odom v. State, Tex.Cr.App., 438 S.W.2d 912, but the facts even though necessarily the same were presented in a far different manner. In Odom v. State, supra, we held that Angelia Ger-ring (Campbell) was an accomplice witness. In the case at bar the Court failed over proper and timely objection to instruct the jury as a matter of law that such witness was an accomplice and failed to submit the question to the jury of her ac-compliceship as a matter of fact.

¶3Stephenson v. State, 152 Tex.Cr.R. 624, 216 S.W.2d 586, and cases there cited require a reversal of this conviction.

¶4For the error pointed out, the judgment is reversed and the cause is remanded.

DOUGLAS, J., not participating.
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