Henry v. State

Georgia Court of Appeals
Henry v. State, 12 Ga. App. 221 (1913)
76 S.E. 1078; 1913 Ga. App. LEXIS 504
Pottle, Russell

Henry v. State

Opinion of the Court

Russell, J.

The evidence of an incriminating character depending solely upon the testimony of an accomplice, and there being no sufficient circumstance of corroboration aliunde the testimony of the accomplice, connecting the accused with the offense, the verdict was unauthorized.

Judgment reversed.

Pottle, J., dissents.

Dissenting Opinion

Pottle, J.,

dissenting. Sufficient facts and circumstances appeared from the testimony of other witnesses to corroborate the r positive testimony of the accomplice in reference to the guilt of the accused. The evidence was sufficient to authorize instruction v( on the subject of conspiracy, and, while not conclusive of the guilt of the accused, was sufficient to authorize his conviction.

Reference

Cited By
1 case
Status
Published