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68 Ala. 56

Lumpkin v. State

Supreme Court of Alabama

Decided December 15, 1880

Supreme Court of Alabama · decided 1880-12-15

Tried before Hon. Jsro. Habalson. were indicted for burglary and grand larceny at tbe January Term, 1880, of the City Court of Selma. At the same term a nolle prosequi was entered as to tbe defendant Hattrick. Isaiah Lumpkin moved to quasb tbe indictment, on tbe around that the grand jury, by whom it was found, was not sworn according to law.

Relies on Mitchell v. State · Lockett v. State · Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1880-12-15

How this case has been cited

Cited by 17 later decisions — most recently September 2001

17 state decisions

401880189019001910192019301940195019601970198019902000decided

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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STONE, J.

¶1The record informs us the grand jury was elected, empanneled, sworn, and charged.” In the absence of other showing, we must presume the City Court had the legal oath administered, as it was his duty to do.—Davis v. The State, 54 Ala. 88; Mitchell v. The State, 58 Ala. 417.

¶2To authorize a conviction of a felony on the testimony of an accomplice, such testimony must be corroborated by other evidence tending to connect the defendant with the commission of the offense.- — Code of 1876, section 4895. The statute requires this, and only this. The charges asked were properly refused, because they assumed, as a rule of law, that *58the defendant could not be convicted on the testimony of an accomplice, unless there was other testimony which, of itself, would authorize a conviction. This would be to deny to the testimony of the accomplice all weight before the jury. Such is not the law.—Smith v. The State, 59 Ala. 104; Lockett v. The State, 63 Ala. 5.

¶3Affirmed.

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