Belser v. State

Alabama Court of Appeals
Belser v. State, 79 So. 265 (1918)
16 Ala. App. 504; 1918 Ala. App. LEXIS 198
Samford

Belser v. State

Opinion of the Court

SAMFORD, J.

[1-4] 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 ease 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, 37 Ala. 469. An accessory after the fact is a separate and distinct offense, made so by section 6220 of the Code of 1907.

There is no error in the record, and the judgment is affirmed.

Affirmed.

Reference

Full Case Name
BELSER Et Al. v. STATE
Cited By
10 cases
Status
Published