People v. Stepp

POOLING, J.—

I dissent. My associates agree with me that, apart from the alleged admission by failure to deny the accusatory statement of the codefendant Herron, the evidence is not sufficient to establish appellant’s guilt beyond a reasonable doubt, and does no more than to create or arouse a bare suspicion of guilt. The evidence shows that the defendant Herron after each of the robberies fled in an automobile similar to that owned by appellant and when arrested appellant had in his possession the pistol used by Herron in the commission of the robberies. No witness identified appellant as the…