Opinion
3 Div. 355.
January 13, 1920.
Appeal from Circuit Court, Montgomery County; F. Loyd Tate, Judge.
Fred Jacobs was convicted of burglary, and he appeals. Reversed and remanded.
L.A. Sanderson, of Montgomery, for appellant.
J.Q. Smith, Atty. Gen., for the State.
The only evidence tending to connect the defendant with the commission of the crime charged is the testimony of accomplices. The conviction was for a felony. Under section 7897 of the Code of 1907 the defendant was entitled to the affirmative charge. For this error the judgment must be reversed, and the cause remanded.
Reversed and remanded.