Durham v. State

HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale, punishment being one year in the penitentiary.

Only two witnesses testified, Johnson, the officer who arrested appellant, and Smith an admitted accomplice. The point is made that the accomplice witness was not sufficiently corroborated to permit the conviction to stand in view of Article 718 of our Code of Criminal Procedure (1925 Rev.) which positively denies a conviction “upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense…