People v. Barker
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County and from an order denying a new trial. John L. Campbell, Judge.
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Appeal from a judgment of the Superior Court of San Bernardino County and from an order denying a new trial. John L. Campbell, Judge. The instruction referred to in the second subdivision of the opinion is as follows: “A conviction cannot be had on the testimony of an accomplice unless he is corroborated by other evidence, which in itself and without the aid of the testimony of the accomplice tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. But although more…
1Opinion of the CourtVan Fleet, J.
Defendant was convicted of robbery and appeals from the judgment and an order denying him a new trial.
1. It was objected that there was no evidence tending to connect defendant with the commission of the crime, O other than the uncorroborated statements of an accomplice. We regard the evidence as quite sufficient to satisfy the statute as to the degree of corroboration required. The testimony of Leary, the prosecuting witness, while not positive on the point, nevertheless tended directly to identify defendant as one of his assailants; while that of several other witnesses placed defendant in…
2Cases cited3 opinions
- People v. McLeanCalifornia Supreme Court · 1890
- People v. CloonanCalifornia Supreme Court · 1875
- People v. KunzCalifornia Supreme Court · 1887
3Cited by25 opinions
- People v. TrujilloCalifornia Supreme Court · 1948
- People v. FolletteCalifornia Court of Appeal · 1925
- People v. CowanCalifornia Court of Appeal · 1940
- People v. KennedyCalifornia Court of Appeal · 1937
- State v. BoltonMontana Supreme Court · 1922
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