12 S.E.2d 392 | Ga. Ct. App. | 1940
Lead Opinion
The court erred in overruling the motion for new trial.
But the State insists that the testimony of the other witnesses connecting the defendant with the other separate crimes in which each alone participated, was sufficient, in addition to showing motive, intent, design, and a lustful state of mind in the instant case, to corroborate the witness in this case, and together convict the defendant. We look first to determine whether these witnesses were themselves accomplices with the participating witness in the instant case. If they were, then one accomplice may corroborate another. Pope v. State,
Judgment reversed. Broyles, C. J., dissents.
Concurrence Opinion
I do not think that what is herein decided is in conflict with the case of McMichen v. State,
Dissenting Opinion
I think it doubtful whether the boy witness in question was an accomplice, since in my opinion the evidence authorized the jury to find that he unwillingly participated in the commission of the crime, and would not have done so except for the veiled threats of the defendant. Furthermore, I think that the evidence of several other boy witnesses, that the defendant, near the time of the particular offense for which he was on trial, had committed similar crimes with them, was sufficient to show "the lustful disposition of the defendant, as well as to corroborate the testimony of the victim as to the act charged." McMichen v. State,