Tidwell v. State

Decision Date21 January 1930
Docket Number4 Div. 573.
Citation126 So. 186,23 Ala.App. 409
PartiesTIDWELL v. STATE.
CourtAlabama Court of Appeals

Rehearing Denied Feb. 11, 1930.

Appeal from Circuit Court, Covington County; Emmet S. Thigpen Judge.

Willie Tidwell was convicted of grand larceny, and he appeals. Affirmed.

E. O Baldwin, of Andalusia, for appellant.

Charlie C. McCall, Atty. Gen., for the State.

BRICKEN P.J.

This appellant, together with two other persons not on trial (a severance was had), were indicted for the offense of grand larceny. The specific charge was that they feloniously took and carried away one Chevrolet two-door sedan automobile of the value of, to wit, $500, the personal property of Irene Gomillion. The verdict of the jury was rested upon the second count of the indictment, and said count thus charged the offense above stated.

The corpus delicti was clearly proven by the undisputed evidence and the only question upon the trial was whether or not this appellant committed the offense complained of, or participated in the commission of said offense.

Upon the trial but two minor exceptions were reserved to the court's rulings upon the admission of evidence. These rulings were without any semblance of error.

Appellant insists that he was in no manner connected with the larceny of the car; and, also, that his conviction was had upon the uncorroborated testimony of an accomplice, one Ottis Mitchell, a state witness, who, in the same indictment, was also charged with the larceny of the automobile in question. Insistence of error is predicated principally upon the latter proposition.

Under the law in this state a conviction for an offense of this character (felony) cannot be had on the testimony of an accomplice, unless such testimony is corroborated by other evidence which tends to connect the accused with the commission of the offense, and the statute expressly provides that such corroborative evidence is not sufficient, if such evidence merely shows the commission of the offense or the circumstances thereof.

Under the law, also, the question as to whether or not there is any evidence tending to corroborate the accomplice as to the commission of the offense by the defendant is for the court to determine; and, if no such evidence is adduced, the defendant is entitled as a matter of law to an acquittal, and the duty devolves upon the court to direct a verdict in his behalf. If in the opinion of the trial court there is evidence, other than that given by an accomplice, which tends to connect the defendant with the commission of the offense, the case must be put to the jury, whose duty it is to determine the weight or probative force of such evidence.

The court below entertained the opinion that, upon this...

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21 cases
  • Arthur v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 8, 1996
    ...evidence. Blevins v. State, 56 Ala.App. 115, 319 So.2d 734, cert. denied, 294 Ala. 753, 319 So.2d 739 (1975); Tidwell v. State, 23 Ala.App. 409, 126 So. 186 (1930). " 'In certain instances, association with the accomplice tending to show the accused's proximity, chronologically and geograph......
  • Burns v. State
    • United States
    • Alabama Supreme Court
    • June 15, 1944
    ... ... 532; Malachi v. State, 89 Ala ... 134, 141, 8 So. 104, 106; Read v. State, 195 Ala ... 671, 71 So. 96; English v. State, 14 Ala.App. 636, ... 72 So. 292; Hargett v. State, 18 Ala.App. 616, 93 ... So. 207; Cheatwood v. State, 22 Ala.App. 165, 113 ... So. 482; Tidwell v. State, 23 Ala.App. 409, 126 So ... 186; Newsum v. State, 10 Ala.App. 124, 65 So. 87; ... Gilbert v. State, 18 Ala.App. 393, 92 So. 522; ... Smith v. State, 230 Ala. 413, 161 So. 538; Berry ... v. State, 231 Ala. 437, 165 So. 97; Skumro v ... State, 234 Ala. 4, 170 So. 776; ... ...
  • Kuenzel v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 29, 1990
    ...an accomplice may be shown by circumstantial evidence. Mathis v. State, 414 So.2d 151, 155-56 (Ala.Crim.App.1982); Tidwell v. State, 23 Ala.App. 409, 410, 126 So. 186 (1930)." Jackson v. State, 451 So.2d 435, 436-37 (Ala.Cr.App.1984). See also Craig v. State, 376 So.2d 803, 805-06 (Ala.Cr.A......
  • Griffin v. State
    • United States
    • Alabama Court of Criminal Appeals
    • December 10, 1999
    ...evidence. Blevins v. State, 56 Ala.App. 115, 319 So.2d 734, cert. denied, 294 Ala. 753, 319 So.2d 739 (1975); Tidwell v. State, 23 Ala.App. 409, 126 So. 186 (1930). "`. . . . "409 So.2d at 891." 711 So.2d at 1059-60 (emphasis in original). In addition, "[i]t has been held that nonaccomplice......
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