47 Ga. App. 217 | Ga. Ct. App. | 1933
The indictment in this case charges Jim Led-better, George Ledbetter, Mayson Ledbetter, Dallas Ledbetter and Sam Austin with committing the offense of burglary on August 13, 1931, in Polk county, by breaking and entering the store-house of one Roy Hammond, and taking therefrom certain articles of personalty, the property of said Hammond. On September 11, 1931, a jury found Sam Austin, George Ledbetter, Dallas Ledbetter and Mayson Ledbetter guilty, but the trial judge granted the defendant Sam Austin a new trial, and he was again convicted on September 8, 1933. Austin filed a motion for a new trial, based upon the usual general grounds and a single special ground complaining of the court’s charge upon the law relating to the testimony of an accomplice.
It appears from the testimony adduced by the State that the store-house was broken open and entered and the specified property stolen therefrom as alleged in the indictment; that the morning after the burglary automobile tracks, corresponding with those made by the automobile in which the defendant and the Ledbetter
The charge complained of is as follows: “But if their testimony is corroborated by another witness or witnesses, or by corroborating circumstances that point to the guilt of the defendant, it may not be sufficient to convict him, but circumstances, or testimony of other witnesses that point to his guilt, have a tendency to point to Ms guilt, then you would be authorized to convict the defendant although the Ledbetter boys were accomplices. Of course, the amount of corroboration is left generally with the jury.”
Judgment affifmed.