81 Ala. 76 | Ala. | 1886
— The defendant is indicted for conveying into the county jail an instrument, described as a horse-shoe rasp, with the intent to facilitate the escape of one Jasper Towns, a prisoner lawfully confined therein, under a charge of burglary. — Code 1876, § 4130. The evidence shows that Towns not only consented to the act, but voluntarily procured it to be done. Upon the trial of this case, Towns was introduced as a witness against the defendant, and the question is raised whether he was such an accomplice in the crime charged against the defendant, as that a conviction could not be had on his uncorroborated testimony. — Code, 1876, § 4895.
It is our opfinion that Towns was not an accomplice in the crime charged in the indictment, which is aiding Ms (Towns’) escape. The statute strikes at the offense of one man aiding the escape of another, not that of himself, and this is
The rulings of the court were free from error, and the judgment is affirmed.