Smith v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant and George Franklin were indicted for the crime of larceny, by the grand jury of Montgomery county, at the October term, 1877, of the City Court of Montgomery. At the next term of the Court a nolle prosequi was entered in favor of George Franklin, and he became a witness for the State.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant and George Franklin were indicted for the crime of larceny, by the grand jury of Montgomery county, at the October term, 1877, of the City Court of Montgomery. At the next term of the Court a nolle prosequi was entered in favor of George Franklin, and he became a witness for the State. He testified “ that he was with Tobe Smith, the defendant, on the night of the larceny; that Tobe Smith started to kill a hog in Ur. Nicholson’s field, and that he (Franklin) ran off, but came back and found that Tobe…
1Opinion of the Court
STONE, J. —
A prisoner may be convicted of a felony on the testimony of an accomplice, if “ corroborated by other evidence tending to connect the defendant with the commission of the offence.” It is not enough “ if it merely shows the commission of the offence, or the circumstances thereof.” Code of 1876, §4895. As we understand this statute, it requires that the corroborative testimony shall tend to connect the prisoner with the commission of the offence; must tend to show that he participated in the commission of the crime. — See Martin v. The State, 28 Ala. 71; 1 Greenl. Ev. § 380;…
2Cases cited2 opinions
- Martin v. StateSupreme Court of Alabama · 1856
- Montgomery v. StateSupreme Court of Alabama · 1867
3Cited by9 opinions
- Ross v. StateSupreme Court of Alabama · 1883
- Marler v. StateSupreme Court of Alabama · 1880
- Snoddy v. StateSupreme Court of Alabama · 1883
- Cunningham v. StateSupreme Court of Alabama · 1882
- Lumpkin v. StateSupreme Court of Alabama · 1880
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