Middleton v. State

Lee Miclclleton, L. C. Moffett, and George Joiner “were jointly indicted for the offense of burglary. Middleton and Joiner were tried together and were convicted. Both filed a motion for new trial, but Joiner’s motion was later withdrawn. Middleton’s motion was denied, and that judgment is assigned as error.

The only evidence directly connecting Middleton with the offense charged was the testimony of Moffett, who swore that he, Joiner, and Middleton conspired together to commit the offense, and that Joiner was the one who entered the house and stole the. money, although he (Moffett) and…