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1 Ga. L. Rep. 15

Askea v. State

Supreme Court of Georgia

Decided July 1, 1885

Supreme Court of Georgia · decided 1885-07-01

<p>Simple Larceny, from Habersham. Criminal Law. Accomplice. Witness. Husband and Wife. (Before Judge Estes.)</p>

Decided 1885-07-01

Blandford, J.

¶1The rule that a conviction cannot be had on the uncorroborated testimony of an accomplice, applies only to cases of felony. In misdemeanors the complicity of the wituess goes to his credit; ana' in this case the defendant was convicted and sentenced for a misdemeanor. 43 Ga., 197.

¶2(a.) The witness claimed to be an accomplice in this case was suffix ciently corroborated by other testimony.

H. S. West; Crane & Jones, for plaintiff in eoror.W. S. Erwin, Solicitor General, by Haralson & Loring; C. H. Sut*ton, for the State..

¶3(b.) The wife of an accomplice isa competent witness to testify to any fact in a criminal proceeding not aghinst her husband, if he be not ■on trial, and not affected by such testimony. Code, §3854. >

¶4Judgment affirmed.

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