Welborn v. State
Court of Appeals of Georgia
Indictment for felony; from Wilkes superior court — Judge Walker. December 13, 1919. Under an indictment for larceny of a hog, Welborn, alias Favor, was found guilty with a recommendation that he be punished as for a misdemeanor. The material facts appear in the report of the case of Welborn v. State, ante, 245, which was tried with this case.
1Opinion of the CourtLuke, J.
“In order to warrant a conviction of a felony upon the testimony of an accomplice, the corroborating circumstances must be such as would lead to the inference that the defendant is guilty, independently of the testimony of the accomplice.” Butler v. State, 17 Ga. App. 522 (1) (87 S. E. 712), and cit. Under this rule the conviction of the defendant in the instant case was unauthorized, and the court erred in overruling the motion for a new trial.
Judgment reversed,.
Broyles, C. J., and Bloodworth, J., concur.
2Cases cited1 opinion
- Butler v. StateCourt of Appeals of Georgia · 1916
3Cited by5 opinions
- Maddox v. StateCourt of Appeals of Georgia · 1975
- McPherson v. StateCourt of Appeals of Georgia · 1958
- Parker v. StateCourt of Appeals of Georgia · 1952
- Nooner v. StateCourt of Appeals of Georgia · 1974
- Ervin v. StateCourt of Appeals of Georgia · 1973