Welborn v. State
Court of Appeals of Georgia
Indictment for burglary; from Wilkes superior court — Judge Walker. December 13, 1919. Jenks Welborn, alias Jenks Eaver, was convicted of burglary, under an indictment which charged that he broke and entered the dwelling house of Eich Hurley and stole corn and cottonseed stored there. In the brief of his counsel it is contended that the conviction was unauthorized because no other evidence than that of an alleged accomplice connected him with the crime.
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Indictment for burglary; from Wilkes superior court — Judge Walker. December 13, 1919. Jenks Welborn, alias Jenks Eaver, was convicted of burglary, under an indictment which charged that he broke and entered the dwelling house of Eich Hurley and stole corn and cottonseed stored there. In the brief of his counsel it is contended that the conviction was unauthorized because no other evidence than that of an alleged accomplice connected him with the crime. The State relied on testimony as to tracks, to corroborate the testimony of that witness. The alleged accomplice was Tomps Burns, who…
1Opinion of the CourtBloodwoeth, J.
The facts in this case are not sufficient to support a conviction of burglary, and the judge erred in overruling the motion for a new trial.
Judgment reversed.
Broyles, C. J., and Luke, J., concur. Colley & Colley, Hugh E. Combs, for plaintiff in error,
cited: Penal Code (1910), § 1017; Butter v. State, 17 Ga. App. 522, and citations.
R. C. Norman, solicitor-general, contra.
2Cases cited1 opinion
- Butler v. StateCourt of Appeals of Georgia · 1916
3Cited by5 opinions
- Maddox v. StateCourt of Appeals of Georgia · 1975
- McPherson v. StateCourt of Appeals of Georgia · 1958
- Parker v. StateCourt of Appeals of Georgia · 1952
- Nooner v. StateCourt of Appeals of Georgia · 1974
- Ervin v. StateCourt of Appeals of Georgia · 1973