Parish v. State, 4 Div. 351
| Decision Date | 18 January 1938 |
| Docket Number | 4 Div. 351 |
| Citation | 179 So. 387,28 Ala.App. 81 |
| Parties | PARISH v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Feb. 8, 1938
Appeal from Circuit Court, Houston County; D.C. Halstead, Judge.
Edgar Parish was convicted of burglary, and he appeals.
Reversed and remanded.
Certiorari denied by Supreme Court in Parish v. State (4 Div 13) 179 So. 389.
J.N Mullins, of Dothan, for appellant.
A.A Carmichael, Atty. Gen., and Francis M. Kohn, Asst. Atty. Gen., for the State.
The indictment in this case charged this appellant and one Jesse Watson, alias, etc., with burglary and grand larceny in separate counts. The accused, Watson, as the statute permits, demanded a severance, and this appellant was tried alone. The indictment, omitting indorsements, etc., is as follows:
The trial in the court below resulted in the conviction of this appellant under count 1 of the indictment, which had the effect of eliminating count 2 and all questions involved solely in said count.
The defendant having been convicted of a felony and the testimony upon which such conviction rested was admittedly given by accomplices, the material and controlling question upon this appeal is: Was the testimony of the accomplices corroborated by other evidence tending to connect the defendant with the commission of the offense, as provided in section 5635 of the Code of Alabama, 1923? Said section reads as follows: "Testimony of accomplices; must be corroborated to authorize conviction of felony.--A conviction of felony cannot be had on the testimony of an accomplice, unless corroborated by other evidence tending to connect the defendant with the commission of the offense; and such corroborative evidence, if it merely shows the commission of the offense or the circumstances thereof, is not sufficient."
From the record we ascertain but five...
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