178 Ind. 320 | Ind. | 1912
Appellant was tried and convicted of arson. The issue was whether or not appellant, in order to defraud a fire insurance company, had hired the prosecuting witness, Arthur Winger, to burn his hotel property. Trial by jury, finding appellant guilty as charged. Judgment of conviction was pronounced by the court.
Appellant seeks reversal on the ground that the court erred in overruling his motion for a new trial, by giving and refusing to give certain instructions.
“It has been decided by this court, and we think correctly, that, while it is the duty of the court and jury to carefully scrutinize the testimony of an accomplice, yet a person may be convicted on the testimony of an accomplice alone, if his testimony shall be sufficiently satisfactory to the jury.” Johnson v. State (1879), 65 Ind. 269. See, also, Conway v. State (1889), 118 Ind. 482, 485, 21 N. E. 285. We are not prepared to say that this instruction was erroneous.
Questions as to giving and refusing to give other instructions are presented. The evidence not being in the record, we have only considered such instructions as are necessary for a determination of this case, those not considered might be affected by evidence offered or that might have been given.
Judgment reversed, with instructions to sustain appellant’s motion for a new trial, and for further proceedings not inconsistent herewith.
Note.—Reported in 99 N. E. 422. See, also, under (1) 12 Cyc. 627; (2) 3 Cyc. 169; (3, 4) 12 Cyc. 588. As to convictions on tlie testimony of an accomplice, see 98 Am. St. 158.