O'Brien v. People
Supreme Court of Colorado
Error to the 'District Court of Otero County. Hon. C. 8. Essex, Judge. Edward J. O’Brien was convicted of breaking and entering a freight car and stealing whisky therefrom, and he brings error.
1Opinion of the CourtChief Justice Steele
The defendant, having been convicted, comes 'here by writ of error. We shall consider but one point raised in the assignment of errors, that relating to the refusal of the court to give a cautionary instruction on the subject of the weight to be given to the testimony of accomplices.
The defendant was charged with having broken and entered a certain freight ear and stolen therefrom a quantity of whisky. There were but two witnesses who testified to the commission of the offense by O’Brien. Both were accomplices. Their testimony was not supported by independent testimony or corroborating…
2Cases cited3 opinions
- Solander v. PeopleSupreme Court of Colorado · 1873
- Roberts v. PeopleSupreme Court of Colorado · 1888
- Barr v. PeopleSupreme Court of Colorado · 1903
3Cited by5 opinions
- State v. DouglasSouth Dakota Supreme Court · 1944
- Hoffman v. PeopleSupreme Court of Colorado · 1923
- State v. ChangHawaii Supreme Court · 1962
- Moynahan v. PeopleSupreme Court of Colorado · 1917
- Miller v. PeopleSupreme Court of Colorado · 1933