D. W. D. v. State of Georgia

Full title: D. W. D. v. STATE OF GEORGIA

Court: Court of Appeals of Georgia

Date published: Oct 23, 1975

221 S.E.2d 72 (Ga. Ct. App. 1975)

221 S.E.2d 72

Opinion

51330.

ARGUED OCTOBER 7, 1975.

DECIDED OCTOBER 23, 1975.

Juvenile delinquency. Clayton Juvenile Court. Before Judge McWhorter.

Driebe Lawson, Charles J. Driebe, for appellant.

William H. Ison, District Attorney, Douglas N. Peters, Assistant District Attorney, for appellee.

BELL, Chief Judge.

The appellant juvenile was found to be in a state of delinquency by reason of the commission of forgery in the first degree. At the hearing the only evidence which in any manner shows that appellant committed the alleged delinquent act of forgery was the uncorroborated testimony of an accomplice. Held:

In T. L. T. v. State of Ga., 133 Ga. App. 895, 899 ( 212 S.E.2d 650), we held equally applicable to a juvenile proceeding the criminal law principle that in order to sustain a conviction based upon the testimony of an accomplice, two elements must be shown: (1) Corroborating facts or circumstances must be shown to connect the defendant to the crime or lead to the inference that he is guilty, and, (2) the corroborating evidence must be independent of the accomplice's testimony. Here, that test has not been met as there is a complete lack of corroborating evidence independent of the accomplice's testimony to connect the appellant with the commission of forgery in the first degree. Accordingly, the judgment is reversed.

Judgment reversed. Webb and Marshall, JJ., concur.

ARGUED OCTOBER 7, 1975 — DECIDED OCTOBER 23, 1975.