Askea v. State

1 Ga. L. Rep. 15

• Court: Supreme Court of Georgia
• Decided: July 1, 1885
• Status: Published

Opinion

Blandford, J.

The rule that a conviction cannot be had on the uncorroborated testimony of an accomplice, applies only to cases of felony. In misdemeanors the complicity of the wituess goes to his credit; ana' in this case the defendant was convicted and sentenced for a misdemeanor. 43 Ga., 197.

(a.) The witness claimed to be an accomplice in this case was suffix ciently corroborated by other testimony.

H. S. West; Crane & Jones, for plaintiff in eoror. W. S. Erwin, Solicitor General, by Haralson & Loring; C. H. Sut*ton, for the State..

(b.) The wife of an accomplice isa competent witness to testify to any fact in a criminal proceeding not aghinst her husband, if he be not ■on trial, and not affected by such testimony. Code, §3854. >

Judgment affirmed.