79 So. 265 | Ala. Ct. App. | 1918
No brief has come to the hands of the court. Charge __________ requested in writing by the defendant is abstract and does not assert the true rule as to the burden of proof. Charge 1 is entirely abstract. The correct proposition of law applicable to this case was fully and clearly stated in the oral charge of the court. Charge 2 does not state a correct proposition of law as applied to the testimony of accomplices as provided in section 7897, Code 1907. The test of complicity is: Could the witness be indicted for the offense either as principal or accessory? If not, he is competent. Bass v. State,
There is no error in the record, and the judgment is affirmed.
Affirmed.