Supreme Court of Alabama, 1860

Bird v. State

Bird v. State
Supreme Court of Alabama · Decided June 15, 1860 · Stone
36 Ala. 279

Bird v. State

Opinion of the Court

STONE, J.

The only witness who testified in this case, was, under the decision in the case of Davidson v. The State, (33 Ala. 350,) an accomplice of the defendant, in the game for which he was on trial. The circuit court ruled, that a conviction could be had on the uncorroborated testimony of an accomplice, if that witness had been examined on the preliminary inquisition before the grand jury. In this the circuit court erred. — Code, §§3246-7-8.

Reversed and remanded.

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