Opinion
7 Div. 381.
March 27, 1928.
Appeal from Circuit Court, Talladega County; R. B. Carr, Judge.
Nelson Poe was convicted of buying, receiving, concealing, etc., stolen property, and he appeals. Reversed and remanded.
D. Hardy Riddle, of Talladega, for appellant.
The testimony of the accomplice being the only testimony showing a connection between defendant and the crime, the defendant was entitled to the affirmative charge, since there can be no conviction on the uncorroborated testimony of an accomplice.
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the Reporter.
The conviction of this appellant rested upon the evidence of the state witness White, an admitted accomplice in the crime charged. Aside from his evidence, there was no testimony in this case tending to connect this appellant with the commission of the offense charged. This rule of evidence is expressly provided by statute. Code 1923, § 5635. This question was raised in the lower court, and is properly presented and insisted upon here. It is conclusive of this appeal.
Reversed and remanded.