Legal Opinion

Lindsey v. State

Supreme Court of Alabama

Decided February 9, 1911PublishedCited by 27 opinions

Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Ike Lindsey was convicted of burglary and he appeals. Tbe corroborative facts and circumstances introduced were not sufficient to authorize a conviction upon the testimony of the accomplice in this case. — 12 Oyc. 456, 7, 9, and 55 ; Marler v. The State, 67 Ala. 55; Smith v. The State, 59 Ala. 104. The sufficiency of the evidence was not a question of law, hut was for the jury, and the corroborative evidence…

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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Ike Lindsey was convicted of burglary and he appeals. Tbe corroborative facts and circumstances introduced were not sufficient to authorize a conviction upon the testimony of the accomplice in this case. — 12 Oyc. 456, 7, 9, and 55 ; Marler v. The State, 67 Ala. 55; Smith v. The State, 59 Ala. 104. The sufficiency of the evidence was not a question of law, hut was for the jury, and the corroborative evidence appearing in this record is sufficient in the light of the testimony of the accomplice, to authorize a submission of the…

1Opinion of the CourtSomerville, J.

The defendant was convicted of the burglary of a storehouse, and the testimony of the state’s witness, Peach McLeod, prima facie showed his complicity in the crime. McLeod, however, was an accomplice, and himself participated in the burglary. It is insisted for the defendant that there was no testimony introduced, other than that of his accomplice, which in any way tended.to connect the defendant with the commission of the crime. On this theory he requested •in writing the general affirmative charge for his acquittal, if the jury believed the evidence.

It appears that the burglarized…

2Cases cited3 opinions

  1. McAdory v. StateSupreme Court of Alabama · 1878
  2. Malachi v. StateSupreme Court of Alabama · 1889
  3. Ross v. StateSupreme Court of Alabama · 1883

3Cited by27 opinions

  1. Doss v. StateAlabama Court of Appeals · 1929
  2. Burns v. StateSupreme Court of Alabama · 1944
  3. Pope v. StateSupreme Court of Alabama · 1911
  4. Skumro v. StateSupreme Court of Alabama · 1936
  5. Horn v. StateAlabama Court of Appeals · 1916

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