54 So. 516 | Ala. | 1911
The defendant was convicted of the burglary of a storehouse, and the testimony of the state’s witness, Peach McLeod, prima facie showed his complicity in the crime. McLeod, however, was an accomplice, and himself participated in the burglary. It is insisted for the defendant that there was no testimony introduced, other than that of his accomplice, which in any way tended.to connect the defendant with the commission of the crime. On this theory he requested •in writing the general affirmative charge for his acquittal, if the jury believed the evidence.
It appears that the burglarized storehouse .was at a railroad station, and the burglary occurred on a Saturday night at an hour unknown; that the entry was effected by breaking open a window; and that an ax was found under the store steps, which was identified as one which was kept and used at a woqdpile near some section houses in the vicinity of the station. The evi
We are aware that the statute (Cr. Code 1907, § 7897) has been liberally construed with respect to tbe extent and' character of tbe corroboration it requires.—
Reversed and remanded.