State v. . Shew

145 S.E. 679, 196 N.C. 386, 1928 N.C. LEXIS 384

• Court: Supreme Court of North Carolina
• Decided: December 12, 1928
• Status: Published

Opinion

Pee CueiaM.

Did bis Honor err in permitting Harvey Campbell, wbo was serving a term in tbe State’s penitentiary for stealing automobiles to testify against tbe defendant, without charging tbe jury that tbe jury should scrutinize tbe testimony of said Campbell? We think not.

Defendant asked no prayer on tbe subject, it is ordinarily not incumbent on tbe court to charge without a request. S. v. O’Neal, 187 N. C., 22.

It is well settled in this jurisdiction that tbe uncorroborated testimony of an accomplice should be received with caution, yet there is no rule of law forbidding a conviction on bis evidence alone. S. v. Ashburn, 187 N. C., at p. 728.

Tbe testimony of W. W. Ashburn was positive as to tbe ownership of tbe stolen car — “that be knew that this car belonged to Miss Ora L. Beam.”

We can find no error in tbe record.

No error.