Altman v. State

Court of Appeals of Georgia

Altman v. State

63 S.E. 928, 5 Ga. App. 833, 1909 Ga. App. LEXIS 141

CourtCourt of Appeals of Georgia

DecidedMarch 16, 1909

Docket1686

StatusPublished

Cited by3 cases

This text of 63 S.E. 928 (Altman v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Altman v. State, 63 S.E. 928, 5 Ga. App. 833, 1909 Ga. App. LEXIS 141 (Ga. Ct. App. 1909).

Pincite

Opinion

Hill, C. J.

Where, on a trial for burglary, the evidence relied' upon by the State was that of an accomplice, it was error to charge the jury that proof of the corpus delicti would be sufficient corroboration of the testimony of an accomplice to warrant a conviction. The rule is well settled that the testimony of an accomplice in a felony ease must be corroborated by some independent fact or circumstance which, taken by itself, leads to the inference not only that a crime has been committed, but that the defendant is implicated in its commission. Proof of the corpus delicti independently of the evidence of the accomplice is corroborative of the guilt of the accomplice, but does not at all corroborate his testimony as to the guilt of another. Penal Code. §991; Child[834]*834ers v. State, 52 Ga. 106; McCalla v. State, 66 Ga. 346; Roscoe’s Crim. Ev. 122. Judgment reversed.

Indictment for burglary, from Pierce superior court — Judge Parker. January 9, 1909.

Submitted March 9, Decided March 16, 1909. J ames B. Thomas, fox plaintiff in .error. James II. Thomas, solicitor-general, John W. Bennett, contra.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, C. J.

Where, on a trial for burglary, the evidence relied' upon by the State was that of an accomplice, it was error to charge the jury that proof of the corpus delicti would be sufficient corroboration of the testimony of an accomplice to warrant a conviction. The rule is well settled that the testimony of an accomplice in a felony ease must be corroborated by some independent fact or circumstance which, taken by itself, leads to the inference not only that a crime has been committed, but that the defendant is implicated in its commission. Proof of the corpus delicti independently of the evidence of the accomplice is corroborative of the guilt of the accomplice, but does not at all corroborate his testimony as to the guilt of another. Penal Code. §991; Child[834]*834ers v. State, 52 Ga. 106; McCalla v. State, 66 Ga. 346; Roscoe’s Crim. Ev. 122. Judgment reversed.

Indictment for burglary, from Pierce superior court — Judge Parker. January 9, 1909.

Submitted March 9, Decided March 16, 1909. J ames B. Thomas, fox plaintiff in .error. James II. Thomas, solicitor-general, John W. Bennett, contra.

Cite This Page — Counsel Stack

Bluebook (online)

63 S.E. 928, 5 Ga. App. 833, 1909 Ga. App. LEXIS 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/altman-v-state-gactapp-1909.

Opinion

Related

Cite This Page — Counsel Stack