WILSON v. STATE

No. 38300.

393 S.W.2d 918 (1965)

Hubert D. WILSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 13, 1965.


Attorney(s) appearing for the Case

Doss Hardin (On Appeal), Fort Worth, for appellant.

Sam Cleveland, Dist. Atty., Stephenville, John R. Lindsey, Dist. Atty., Jacksboro, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is incest; the punishment, 10 years.

The indictment alleged the date of the offense as February 16, 1964. However, at the close of the case the State elected to go to the jury on an offense shown to have occurred about the last part of October or the first part of November, 1961, and the Court in his charge so instructed the jury.

The sole question presented is whether or not the prosecutrix is an accomplice as a matter...

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