People v. Smith

The defendant was found guilty by the court (jury waived) of second-degree burglary and theft, in violation of 1967 Perm. Supp., C.R.S. 1963, 40-3-5 and 40-5-2, respectively. Concurrent sentences were imposed. A full confession of the offenses was made by the defendant, and the central issue on this appeal is whether the People presented sufficient evidence, independent of defendant’s confession, to establish that a crime was committed.

We have consistently held that a confession alone is not sufficient to establish the existence of a crime. There must be independent evidence to establish the…