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35 Ala. 428

English v. State

Supreme Court of Alabama

Decided January 15, 1860

Supreme Court of Alabama · decided 1860-01-15

Erom the Circuit Court of Monroe. Tried before the Hon. C. ~W. Napier. The indictment in this case was in the general form allowed by the Code.

Relies on Davidson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

How this case has been cited

Cited by 7 later decisions — most recently November 1916

7 state decisions

40186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

R. W. WALKER, J.

¶1There can be no doubt that, on the facts stated, the witness was as guilty of the offense proved by him, as the defendant. There are no accessories in misdemeanors, but all who are concerned in the commission of the offense, are principals.- — -Wharton’s Or. L. § 131; 1 Bishop’s Or. L.* §§ 82-6, 483-5. The witness is, therefore, to be treated as if he had himself played in the game; and on the authority of Davidson v. The State, 33 Ala. 350, we must hold, that the court erred *430in deciding that he was not an accomplice, and that the defendant might be convicted on his individual testimony.

¶2Judgment reversed, and cause remanded.

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