Wallis v. State

• Decision Date: 05 April 1921
• Docket Number: 8 Div. 733
• Citation: 18 Ala.App. 108,90 So. 35
• Parties: WALLIS v. STATE.
• Court: Alabama Court of Appeals

90 So. 35

18 Ala.App. 108

WALLIS v. STATE.

8 Div. 733

Court of Appeals of Alabama

April 5, 1921

Appeal from Circuit Court, Marshall County; W.W. Harralson, Judge.

Albert Wallis was convicted of burglary, and he appeals.Reversed and remanded.

John A Lusk & Son, of Guntersville, for appellant.

Harwell G. Davis, Atty. Gen., for the State.

SAMFORD J.

Under the statute, a defendant charged with felony may not be convicted upon the uncorroborated testimony of an accomplice.

It is conceded in this case that Lumpkin is the party who actually went into the storehouse and got the money from the money drawer, and it is only on Lumpkin's testimony that the defendant Wallace is connected with the crime at all, except the testimony of several witnesses to the effect that about 200 yards from the store a barefooted track was found in the road leading in the direction of defendant's home.There was no peculiarity about the track, nor was it shown to have been made by the defendant, except by the testimony of Lumpkin.

The evidence for the state, other than Lumpkin, tended to show that only one person went to the store; that that person was in his sock feet, and would wear about a number 11 shoe; that this large sock-footed track began about 3 feet from the veranda and went on down the road and in the direction of where Lumpkin lived; that about 260 yards from the store a smaller barefooted track (about a No. 7)...