Opinion
6 Div. 65.
March 22, 1927.
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge.
Robert Pertillio was convicted of grand larceny, and he appeals. Affirmed.
Pinkney Scott, of Bessemer, for appellant.
The corpus delicti was not established as required by law, and defendant was due the affirmative charge. Dozier v. State, 130 Ala. 57, 30 So. 396; Weaver v. State, 77 Ala. 26; Beckham v. State, 100 Ala. 15, 14 So. 859. A confession, not corroborated by independent evidence of the corpus delicti, is not sufficient to support a conviction of felony. Johnson v. State, 142 Ala. 1, 37 So. 937; Matthews v. State, 55 Ala. 187; Smith v. State, 133 Ala. 145, 31 So. 806, 91 Am. St. Rep. 21; Stringer v. State, 135 Ala. 60, 33 So. 685.
Harwell G. Davis, Atty. Gen., and Robt. G. Tate, Asst. Atty. Gen., for the State.
The confession by defendant was shown to be voluntary. The corpus delicti was established, and defendant was properly denied the affirmative charge. Fox v. State, 17 Ala. App. 559, 87 So. 621; Id., 205 Ala. 74, 87 So. 623.
The defendant was convicted of larceny of an automobile, the property of the Bessemer Transfer Storage Company. The facts tended to prove that defendant rented the automobile from the storage company to be used and returned before 9 o'clock of the day on which it was rented. The automobile was not returned, and, search being made for it, it was found in the possession of defendant, with the hubmeter, two tires, and the license tag removed.
The facts justified a submission of the case to the jury. Fox v. State, 17 Ala. App. 559, 87 So. 621.
Predicate was laid for the admission of statements by the defendant in the nature of confessions. The question of whether the corpus delicti had been proven was for the jury under the evidence. This being the case, the confessions and admissions were properly admitted.
We find no reversible error in the record, and the judgment is affirmed.
Affirmed.