People v. Youlio

Judgment of the County Court of Orange county, convicting the. defendant, reversed upon the law, and a new trial ordered. It was error for the trial court to refuse to charge the jury that it was for them to determine, upon the testimony adduced on the trial, whether or not Feo was an accomplice; and if found by them to be an accomplice, it was necessary that they should find corroboration of his story. The record discloses evidence from which, if true, the inference could be drawn that he was an accomplice, and his denial thereof made this a question for the jury to determine. This was a…