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5 Ga. App. 833

Smith v. State

Court of Appeals of Georgia

Decided March 16, 1909

Court of Appeals of Georgia · decided 1909-03-16

<p>Indictment for burglary, from Sumter superior court — Judge Littlejohn. December 31, 1908.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1909-03-16

How this case has been cited

Cited by 4 later decisions — most recently October 1943

4 state decisions

2019091910192019301940decided

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.

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Hill, C. J.

¶1A was convicted of burglary, on the testimony of an accomplice, claimed to have been sufficiently corroborated by circumstantial evidence tending to connect A with the commission of the offense. This circumstantial evidence, relied upon by the State and prima facie corroborative of the testimony of the accomplice, was shown, by the testimony in behalf of A, to be consistent with his innocence, and entirely without incriminatory value. Held: A’s conviction was based alone on the evidence of an accomplice, and was unauthorized by law.

¶2Judgment reversed.

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