People v. Barker
Before: Fleet
Synopsis
Appeal from a judgment of the Superior Court of San Bernardino County and from an order denying a new trial. John L. Campbell, Judge.
The instruction referred to in the second subdivision of the opinion is as follows: “A conviction cannot be had on the testimony of an accomplice unless he is corroborated by other evidence, which in itself and without the aid of the testimony of the accomplice tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. But although more is required by way of corroboration than to raise a mere suspicion, 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.” Further facts are stated in the opinion of the court.
Van Fleet, J. Defendant was convicted of robbery and appeals from the judgment and an order denying him a new trial.
1. It was objected that there was no evidence tending to connect defendant with the commission of the crime, O other than the uncorroborated statements of an accomplice. We regard the evidence as quite sufficient to satisfy the statute as to the degree of corroboration required. The testimony of Leary, the prosecuting witness, while not positive on the point, nevertheless tended directly to identify defendant as one of his assailants; while that of several other witnesses placed defendant in the company of his accomplice, in the near vicinity of the scene of the robbery, at a very few minutes prior to the commission of the offense. This was evidence tending, independently of that of the accomplice, to connect defendant with the commission of the offense; and that is all that is required. The strength or credibility [620]of the corroborating evidence is for the jury. It “ need not be strong; it is sufficient if it tends to connect the defendant with the commission of the offense, though if it stood alone it would be entitled to but little weight.” (People v. McLean, 84 Cal. 480.) Nor need it extend to every fact and detail covered by the statements of the accomplice. (People v. Kunz, 73 Cal. 313; People v. cloonan, 50 Cal. 449.)
2. The instruction as to the degree of corroboration required, which is objected to, is in fall accord with the principles above stated, and correctly states the law.
There is no error in the record, and the judgment and order are affirmed.
Harrison, J., and Garoutte, J., concurred.
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