0221 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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such transaction, Mary Phagan met her death, then Conley
would be an accomplice of Frank, although he had no personal part
in her killing.

The Court, under proper instructions, ought to have left it
to the jury to say whether Conley was or not an accomplice of
Frank; and, in failing to do, and because he failed to do so the
Court committed error.

77. The Court erred in not charging the jury that if, under
instructions given them, they found that Conley was an accomplice
of Frank, they could not convict Frank under the testimony of
Conley alone; but that, to do so, there must be a witness other
than Conley or circumstances corroborating the evidence of Conley

78. Because the Court permitted the witness Irene Jackson
at the instance of the solicitor General, and over the objection
of the defendant, made at the time the testimony was offered,
that the same was irrelevant, immaterial, illegal, and prejudicial
to the defendant, to testify substantially as follows:

I remember having a conversation with Mr. Starnes about a
dressing room incident.I told him that Mr. Frank came to the door
of the dressing room while Emily Mayfield was dressing. He looked
and turned around and walked out---just pushed the door open and
looked in. I don't know whether he smiled or not. I never noticed
to see whether he smiled or not; he just kind of looked at us and
turned and walked out. I didn't time him as to how long he stayed;
he just came and looked and turned and walked out. At the time,
Miss Emily Mayfield had off her top dress and was holding her
old dress in her hand to put it on. I did not report that the
forelady, but Miss Ermile did. I have heard remarks other than
those of Miss Mayfield about Frank going into the dressing room,
but I don't remember who said them. I just remember I heard
something about it, two or three different times, but I don't
remember anything about it, just a few times; I heard the
girls talking about Mr. Frank going into the dressing room on
two or three different occasions. It was the middle of the week
after we started to work there; I don't remember the time. Mr. Fr-
ank also entered the dressing room when my sister was in there
laying down; she just had her feet up on the table;

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