Tate v. State

The indictment in this case charges theft over the value of $50.

From the evidence it is shown that the property was taken by means of burglary of a railroad car. Two questions are presented by the motion for a new trial: the insufficiency of the evidence and the error of the court in charging upon the law of accomplice. The law in regard to an accomplice, when used as a witness, became necessary to be charged inasmuch as the State used witnesses who connected themselves criminally with the transaction. The charge is as follows: "A conviction can not be had upon the testimony of an accomplice,…