People v. Melvane

Crockett, J., delivered the opinion of the Court:

There are but two questions arising on this appeal, to wit: First—"Whether or not there was sufficient corroboration of the testimony of the accomplice to justify a conviction of the accused ? and, Second—"Whether the Court erred in permitting the witness, Dade, to testify, notwithstanding the objection of the defendant ?

In the case of the People v. Ames, (39 Cal. 403), we had occasion to construe Section 375 of the Criminal Practice Act, which provides that “ a conviction cannot be had upon the testimony of an accomplice unless he be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration shall not be sufficient if it merely show the commission of the offense or the circumstances thereof.” We held that the corroborating evidence, of itself, and without the aid of the testimony of the accomplice, must tend in some degree to connect the defendant with the commission of the crime in order to justify a conviction. We see no reason to be dissatisfied with this construction of the statute, and we proceed to inquire whether this case comes within the rule.

The defendant was indicted for burglary, and it was proved that at the time of the burglary there was stolen from the premises a quantity of gold and silver coin, amounting in tho [616]aggregate to §313; among which were four §20 gold pieces, an Australian sovereign, and a §3 gold piece, considerably worn. It was proved that the defendant was arrested on the day after the burglary, and that there was found on his person §250 50 in gold and silver coin, amongst which were four §20 gold pieces, an. Australian sovereign and a §3 gold piece. The person whose premises were robbed testified that he recognized the Australian sovereign as the one which had been stolen from him; that there was a slight mark or scratch upon it, by which he recognized it; that there Avere comparatively but few Australian sovereigns in circulation in this State. He also testified that from the worn appearance of the three dollar gold piece found on the defendant he thought it was the same Avhich had been stolen from him, though he was unable to identify it by any mark upon it. We think this proof tended in some degree to connect the defendant Avitli the burglary. The Aveight to be given to the testimony Avas for the jury to decide ; but when money is stolen, proof that a part of it, on the following day, was found on the person of another in the vicinity, certainly tends, when not satisfactorily explained, to raise a presumption that he is the guilty party; and if an explanation is attempted by the accused, it is for the jury to judge of its truth and plausibility. The corroborating evidence may be slight, and entitled to but little consideration; nevertheless, the requirements of the statute are fulfilled if there be any corroborating evidence which, of itself tends to connect the accused with the commission of the offense.