STATE v. CAMPBELL

No. 16313.

766 P.2d 1237 (1988)

115 Idaho 356

STATE of Idaho, Plaintiff-Respondent, v. Jerry Wayne CAMPBELL, Defendant-Appellant.

Supreme Court of Idaho.

December 28, 1988.


BISTLINE, Justice, dissenting.

A defendant cannot be convicted solely upon the uncorroborated testimony of an accomplice. I.C. § 19-2117. The Court of Appeals first sets out the facts pertaining to the aggravated battery charge: Campbell beat the victim Mac Ray Atwood when Atwood came to Campbell's house in the early morning hours. This evidence is solely the testimony of persons who would be Campbell's accomplices. Thus, in order for the evidence to support...

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