
    6520.
    Williams v. The State.
    Decided September 23, 1915.
    Accusation of larceny; from city court of Irwin county — Judge Newbern. March 27, 1915.
    The accusation charged Samuel Williams with the larceny of a pair of leather, gun-metal, men’s' shoes, of the value of $2, the property of Sam Henderson. The only testimony introduced at the trial was that of A. L. Tucker, who testified as follows: “I know the defendant, Sam Williams. Sam Henderson complained to me that he had missed some shoes; they were gun-metal leather men’s shoes. I went to this boy’s house and arrested him, and I asked him where the shoes were that he stole, and he told me that these were the ones which he was putting on. He told me they were Sam Henderson’s shoes. They were gun-metal leather shoes, and they were worth $2. Sam Henderson lives on Bill Tankersley’s place in Irwin county; and defendant said he got the shoes from Sam Henderson’s house on Mr. Bill Tankersley’s place. Sam Williams told Sam Henderson that he would pay him for the shoes. The defendant gave the shoes back to Sam Henderson, saying, ‘Here are your shoes.’” The defendant’s statement was as follows: “Sam Henderson pawned me a pair of shoes for fifty cents. Mr. Tucker came and arrested me and asked me where Sam’s shoes were. I told him that the ones I had on was them. I told Sam Henderson in Mr. Tucker’s presence to pay me back my money and he could have the shoes.”
    
      Melvin Meelcs, Ilomer Oxford, for plaintiff in error.
    
      Dwight L. Rogers, solicitor, contra.
   Broyles, J.

The corpus delicti not having been proved, the conviction of the defendant was contrary to law. Judgment reversed.  