Wallis v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County ; W. W. I-Iarralson, Judge. Albert Wallis was convicted of burglary, and he appeals. The court erred in the admission of evidence relative to the tracks. 105 Ala. 127, 16 South. 801; 122 Miss. 647, 84 South. 700; 157 Ala. 63, 47 South. 176; 12 Ala. App. 160, 68 South. 521. The testimony of the accomplice was not sufficiently corroborated, and should have been excluded. Section 7897, Code 1907; 15 Ala.
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Appeal from Circuit Court, Marshall County ; W. W. I-Iarralson, Judge. Albert Wallis was convicted of burglary, and he appeals. The court erred in the admission of evidence relative to the tracks. 105 Ala. 127, 16 South. 801; 122 Miss. 647, 84 South. 700; 157 Ala. 63, 47 South. 176; 12 Ala. App. 160, 68 South. 521. The testimony of the accomplice was not sufficiently corroborated, and should have been excluded. Section 7897, Code 1907; 15 Ala. App. 72, 72 South. 557; 16 O. J. 929; 17 Ala. App. 126; 82 South. 574 ; 84 South. 785; 7 Ala. App. 140, 61 South. 479 ; 90 Ala. 630, 8 South. 383, 24…
1Opinion of the CourtSamford, J.
[1] Under the statute, a defendant charged with felony may not be convicted upon the uncorroborated testimony of an accomplice.
[2] It is conceded in this case that Lump-kin is the party who actually went into the storehouse and got the money from the money drawer, and it is -only on Lumpkin’s testimony that the defendant Wallace is connected with the crime at all, except the testimony of several witnesses to the effect that about 200 yards from the store a barefooted track was found in the .road leading in the direction of defendant’s home. There was no peculiarity about the track, nor was It…
2Cited by7 opinions
- Senn v. StateSupreme Court of Alabama · 1977
- Segars v. StateAlabama Court of Appeals · 1923
- Cheatwood v. StateAlabama Court of Appeals · 1927
- Evans v. StateAlabama Court of Appeals · 1965
- Kemp v. StateAlabama Court of Appeals · 1932
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