Fruger v. State

RAMSEY, Judge.

Appellant appeals from a conviction had in the District Court of Polk County wherein he was charged with the crime of theft of property over the value of $50.

The conviction must be reversed on account of the charge of the court in respect to accomplice’s testimony. One Buck Markentell testified in the case to circumstances connecting appellant with the crime. Without his testimony the State could have made but a slight showing against appellant. On the subject of accomplice’s testimony the court instructed the jury as follows: “How, you can not convict the defendant upon his…