Mccalla v. The State Of Ga.
| Decision Date | 28 February 1881 |
| Citation | 66 Ga. 346 |
| Court | Georgia Supreme Court |
| Parties | McCalla. vs. The State of Georgia. |
Criminal Law. Charge of Court. Before Judge Hillyer. Fulton Superior Court. October Adjourned Term, 1880.
Reported in the decision.
Van Epps & Calhoun, for plaintiff in error.
B. Hi Hill, Jr., solicitor general, for the state.
The defendant, Charles P. McCalla, was indicted for the offense of forgery, and under the evidence and charge of the court was found guilty. Whereupon he made a motion for a new trial on various grounds as set forth in the record. During the trial one William E. Rynehart was sworn as a witness for the state, who was alleged to be, and sworn as, an accomplice in the offense alleged to have been committed by the accused.
Among other grounds (none other of which do we deem it necessary to consider in the view we take of the case) was the fifth ground of the motion in the following language:
5th. Because the court erred in charging the jury as follows, Was this charge error?
Code, section 3755 provides,
At common law there is no settled rule on this subject. It is laid down in the books, it is true, that a conviction could have been had on the uncorroborated evidence of an accomplice, and yet, on the other hand, it is also a well recognized rule for the court to advise the jury what is right and proper, but at last, whether a conviction shall be had depends on the jury, and the judges let the verdict stand or not accordingly as they think upon the whole defendant is guilty or not.
But whatever maybe the rule in England, our own statute plainly declares as a rule of law that in cases of felony the evidence of an accomplice is not sufficient, which means that some fact or facts must be shown by other witnesses tending to show guilt in the person on trial.
In the case of Childers vs. State, 52 Ga., 106, a majority of this court ruled, " That in a case of felony where the only witness implicating the prisoner in the crime was himself avowedly guilty,...
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...v. State, 92 Ga. 584, 20 S.E. 12; McCrory v. State, 101 Ga. 779(1), 28 S.E. 921; Myers v. State, 151 Ga. 826(3), 108 S.E. 369; McCalla v. State, 66 Ga. 346; Chapman v. State, 112 Ga. 56(2), 37 S.E. 102; Whaley v. State, 177 Ga. 757(2), 171 S.E. 290; Lanier v. State, 187 Ga. 534, 1 S.E.2d 40......
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