People v. Cloonan
California Supreme Court
Appeal from the Municipal Criminal Court of the City and County of San Francisco. The defendant was indicted for the crime of burglary, alleged to have been committed by breaking into Snow & May’s picture-gallery in the night-time, with the intent of committing larceny therein. The larceny charged was stealing a picture by Bosenthal called “Elaine.”
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Appeal from the Municipal Criminal Court of the City and County of San Francisco. The defendant was indicted for the crime of burglary, alleged to have been committed by breaking into Snow & May’s picture-gallery in the night-time, with the intent of committing larceny therein. The larceny charged was stealing a picture by Bosenthal called “Elaine.” Two of the persons indicted for the offense were examined, and one of them, Wallace, testified that he and defendant agreed to take part in the burglary and larceny, and waited on the corner of the street to see if the police came along, and to…
1Opinion of the Court
By the Court:
The evidence, “which of itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense,” and which, by section 1111 of the Penal Code, is made necessary to corroborate the testimony of an accomplice, need not be evidence tending to establish the precise facts testified to by the accomplice. It is sufficient if it tends to connect the defendant with the commission of the offense.
There was certainly evidence tending to show that the building was entered and the larceny committed in the night-time, and some evidence…
2Cited by16 opinions
- State v. KentNorth Dakota Supreme Court · 1895
- People v. ComptonCalifornia Supreme Court · 1899
- People v. BarkerCalifornia Supreme Court · 1896
- People v. GrundellCalifornia Supreme Court · 1888
- People v. KellyCalifornia Court of Appeal · 1924
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