McKennon v. State

The indictment alleged that the defendant broke and entered the express office connected with the depot, and stole therefrom one screwdriver of the value of ten cents. It does not appear that anything else was taken. The evidence for the State, independently of the alleged confession, was insufficient to connect the defendant with the crime. The facts that tracks may have been found near the depot and that they were traced to the defendant’s home, and that they (let it be conceded) were made by him, fail entirely to connect him with the crime, unless it be shown that these were the only…