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16 Ala. App. 678

81 So 198

Upshaw v. State

Alabama Court of Appeals

Decided February 11, 1919

Alabama Court of Appeals · decided 1919-02-11

Milton Upshaw was convicted of larceny, and he appeals. The witness Yates testified that he was a special agent of the Western Railway of Alabama ; that the railroad maintained a warehouse in Montgomery county, Ala., and that there was missing from the warehouse, after they had been put in the warehouse the following articles: A case of overalls valued at $25, a barrel of sugar valued at $30, and a case of shoes valued at $50; that Upshaw and Benjamin were employed by the…

Relies on Daniels v. State

Affirmed · Decided 1919-02-11

BROWN, P. J.

¶1 [1] The testimony of the witness Yates clearly tends to prove the corpus delicti, and the evidence of this witness as to the confession of the defendant was properly admitted. Daniels v. State, 12 Ala. App. 119, 68 South. 499; Simmons v. State, ante, p. 645, 81 South. 137.

¶2 [2] The evidence offered by the state tends to show that the defendant and Benjamin were confederates in the commission of the offense, and charge 6 was properly refused.

¶3 [3] The evidence in the case authorized the submission of the issues to the jury, and charge 4 was properly refused.

¶4 We find no reversible error in the record, and the judgment is affirmed.

¶5 Affirmed.

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