STATE v. SMITH

No. 1412.

96 Ariz. 322 (1964)

395 P.2d 362

STATE of Arizona, Appellee, v. Donald Mack SMITH, Appellant.

Supreme Court of Arizona. In Division.

September 24, 1964.


Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., Stirley Newell, Asst. Atty. Gen., Phoenix, for appellee.

Claude W. Olney, Phoenix, for appellant.


STRUCKMEYER, Justice.

Appellant, Donald Mack Smith, was charged with burglary, Count I, and grand theft, Count II, both felonies, and after trial by jury was found guilty on each count. This Court is asked to determine whether the evidence was sufficient, as a matter of law, to corroborate the testimony of the defendant's accomplice.

A.R.S. § 13-136 provides:

"A conviction shall not be had on the testimony of an accomplice unless the accomplice...

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