State v. Hodges

LEE, THOMAS E., Jr., Associate Judge

(dissenting).

I concur with the conclusions of law announced in the majority opinion as it relates to the law of corpus delicti and larceny. Plowever, I respectfully dissent from the reversal of the order granting a new trial for the reasons hereinafter set forth:

The State failed to present sufficient proof of the corpus delicti independent of the admissions of the defendant to warrant submission of the case to the jury. As the majority points out, when an extra-judicial statement of the defendant is involved, the question of sufficiency of proof of the…