Smith v. Commonwealth

Opinion op the Court by

Cheep Justice Dietzman—

Affirming.

Appellant was found guilty of being an accessory before the fact to the crime of arson, and sentenced to serve five years in the penitentiary. He appeals.

The sole ground for reversal is that there was no corroboration of the testimony of the accomplice who burned the building implicating the appellant as the one who employed him to set fire to the home which was burned. If this be true, then appellant correctly argues that, under section 241 of the Criminal Code of Practice, he was entitled to a peremptory instruction. His contention…