(84 South. 785)
JACOBS v. STATE.
(3 Div. 355.)
(Court of Appeals of Alabama.
Jan. 13, 1920.)
Criminal Law <@=>510 — Conviction cannot be Sustained by Uncorroborated Testimony of Accomplices.
Where, in a prosecution for burglary, the only evidence tending to connect defendant with the crime charged was testimony of accomplices, he was entitled to the affirmative charge, in view of Code 1907, § 7897, requiring testimony of accomplices to be corroborated to authorize conviction of felony.
<@=>For other cases see same topic and KEY-NUMBER, in ail Key-Numbered Digests and Indexes
Appeal from Circuit Court, Montgomery County; F. Loyd Tate, Judge.
Ered Jacobs was convicted of burglary,'and lie appeals.
Reversed and remanded.
L. A. Sanderson, of Montgomery, for appellant.
,J. Q. Smith, Atty. Gen., for the State.
[MAJORITY — SAMFORD, J.]
SAMFORD, J.
The only evidence tending to connect the defendant with the commission of the crime charged is the testimony of accomplices'. The conviction was for a felony. Under section 7897 of the Code of 1907 the defendant was entitled to the affirmative charge. For this error the judgment must be reversed, and the cause remanded.
Reversed and remanded.