People v. Flores

[394]

CONREY, P. J.

The defendant was convicted of the crime of murder and sentenced to imprisonment for life. He appeals from the judgment and from an order denying his motion for a new trial.

The first error claimed by appellant is based upon the ground that the court admitted in evidence testimony concerning confessions made by the defendant, and that at the time when that testimony was admitted evidence establishing the

corpus delicti

had not been received. The so-called confessions were not confessions by the defendant that he committed the crime charged. In connection with the statements made by him, the defendant insisted that he did not kill the child Benata Maccianti. His statements consisted in admissions of fact which tended to show that the murder was committed by him. At the time when these admissions were received in evidence, testimony had been received strongly tending to show not only that the child was dead, but that at the time and place charged in the indictment she came to her death by violent means and by the criminal act of some person. At the time when the testimony showing the admissions made by the defendant was received there was not before the court any evidence tending to show that the crime had been committed by the defendant. The contention urged by appellant’s counsel is that in order to establish the

corpus delicti,

it is necessary that the evidence shall not only establish the fact of commission of the crime, but also that it must have tended to connect the defendant with the commission of that crime. Upon this proposition we do not agree with appellant’s counsel. The two elements of

corpus delicti

are: 1. Certain facts forming its basis; and, 2, the existence of criminal agency as the cause of them. To establish the

corpus delicti

it is not essential to show that the crime charged was committed by the defendant.

(People