People v. McLean

Hayne, C. The defendant was convicted of arson in the second degree, and appeals from the judgment, and from an order denying a new trial.

1. It is contended that there was not sufficient evidence to support the verdict. There was, however, the direct evidence of a person who says that he set fire to the house by the direction of the defendant, and in his presence. It is urged, however, that this was the testimony of an accomplice, and that there was no sufficient corroboration. (See Pen. Code, sec. 1111.) There is no doubt that the cabin was destroyed by fire, and no probable natural cause of the fire was shown by the evidence. The question is, whether the defendant had a guilty connection with it. The circumstances to corroborate the accomplice upon this question are as follows:—

In the first place, there was a difficulty between the defendant and the owner of the cabin concerning the land upon which it stood. This land was public land, and each party claimed to have taken such proceedings as entitled him to it. Some angry interviews took place between them; and on one occasion the defendant was quite roughly handled by one of the workmen of the owner of the cabin. In the next place, the defendant made contradictory statements concerning his whereabouts on the night of the fire. And finally, there is evidence tending to show that he took measures to get the accomplice to leave that part of the country, and wrote to his mother to “ keep Bill out of the way for awhile, till the trouble blows over,” although the letter did not state what the trouble was.

These circumstances constitute, in our opinion, evi[482]deuce tending to show the defendant's guilty connection with the burning of the cabin, which is the material point requiring corroboration. The evidence is not strong. But although more is required by way of corroboration than to raise a mere suspicion (see People v. Thompson, 50 Cal. 480), yet the corroborating evidence is sufficient if it, of itself, tends to connect the defendant with the commission of the offense, although it is slight, and entitled, when standing by itself, to but little consideration. (People v. Melvane, 39 Cal. 616; People v. Clough, 73 Cal. 351.)

Judge Spencer, in his opinion on the motion for new trial, gave a careful analysis of the evidence, and declared that he was “entirely satisfied with the verdict,” and we do not think that it can be disturbed upon the ground mentioned.