People v. Demasco

The conviction of the defendant rests upon the testimony of one Marino. If Marino was an accomplice of the defendant this testimony requires to be corroborated by other evidence tending to connect the latter with the commission of the crime. The jury were told over exception that as a matter of law the witness was not an accomplice and the court refused to submit to them any question of fact on the subject. They were allowed to convict, therefore, upon his testimony alone, although they might find that it was entirely uncorroborated. Under the circumstances of the case this was error. Marino…