Robert Howell Wiley v. State Texas

Carl E. F. Dally, Judge This is an appeal from a conviction for the offense of felony theft; the punishment which was enhanced by a prior felony conviction is imprisonment for thirteen years. The appellant asserts that: the evidence is insufficient to support the verdict; the court's charge is fundamentally defective; and the court erred in failing to make a determination of the voluntariness of the confession, in failing to submit to the jury an instruction on the issue of voluntariness of the confession, and in failing to instruct the jury that a witness was an accomplice witness as a matter of law.