People v. Parkinson

PLUMMER, J.

On the eighth day of September, 1926, an information was filed in the superior court of the county of Sacramento, charging the above-named defendants with having on the twenty-second day of July, A. D. 1926, in the county of Sacramento, burglarized a certain store owned by one J. E. Holst, situate in the town of Fair Oaks, in said county.

Upon arraignment the defendant Oscar Anderson pleaded guilty. The defendant Carlson Piarkinson pleaded “not

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guilty, ’ ’ was tried and convicted, and prosecutes this appeal from the judgment of conviction and the order of the court denying his motion for a new trial.

Two questions are presented for our consideration: (1) That the testimony of the accomplice upon which the defendant was convicted was uncorroborated, as required by section 1111 of the Penal Code, and (2) that the court erred in its instructions to the jury.

The defendant Anderson, after pleading guilty and being sentenced to the state prison, went upon the witness-stand and testified to the circumstances constituting the alleged burglary. His testimony is to the effect that he and the defendant Parkinson went to the store belonging to the said Holst in an automobile; that Parkinson remained in the automobile while he, Anderson, proceeded to enter the store and took therefrom certain shoes, socks, overalls, shirts, a few knives, cheap watches, and two flashlights, that he brought the things out of the building and put them in the automobile; that he and Parkinson then returned to Sacramento; that he did not know whether Parkinson took any of the articles mentioned. A pair of socks, a pair of overalls, and a pair of shoes taken from the person of the defendant were then exhibited to the witness Anderson and the witness then testified that the socks were somewhat similar to the ones that he took from the Holst store at Fair Oaks; also that the overalls and shoes were similar. It does.not appear from the testimony that any of the other articles mentioned by the witness Anderson were exhibited to the witness, nor does the testimony show what disposition thereof was made by the witness Anderson or any other person.

J. E. Holst, the owner of the store, was sworn and examined and testified that his store was burglarized about the time mentioned in the information; that certain articles were taken therefrom; that the socks, shoes, and overalls found upon the person of the defendant were similar to such articles carried by him in his store; that similar shoes and socks were taken from his store on the night in question; that while he carried similar overalls he could not swear that any overalls were taken from his store.