People v. Lynch
Before: Chipman
Synopsis
Criminal Law—Robbery—Evidence—Corroboration of Accomplice.—• The conviction of a defendant charged with robbery is not rendered insufficient by the testimony of an accomplice directly connecting the defendant with the commission of the crime, where it appears that there is evidence, in addition to that of the accomplice which, without its aid, tends to connect the defendant with the crime charged.
Id.—Declarations of Defendant as to Distinct Offenses.—Evidence of declarations of the defendant as to the intention of himself and another person to commit other and distinct offenses of robbery, is inadmissible.
Id.—Evidence of Collateral Facts Inadmissible.—Drider the rule that testimony must be confined to the issues, evidence of collateral facts, which are incapable of affording any reasonable presumption or inference as to the principal fact or matter in dispute, is inadmissible.
Id.—Cross-examination—Bias of Witness—Collateral Imprisonment of Defendant.—A witness for the defendant, who had merely testified in chief that he knew the defendant, and that defendant had money the day before the alleged robbery, could not properly be asked on cross-examination if he had not once been with the defendant in the county jail in another county. Such evidence is not sufficient to justify an inference of bias on the part of the witness, and is inadmissible evidence of a collateral imprisonment of 'the defendant, erroneously adapted to furnish an inference pointing to the probability of his being guilty of the offense charged.
Id.—Instruction as to Testimony of Accomplice.—An instruction as to the testimony of an accomplice should clearly point out the rule that the evidence of the accomplice is insufficient of itself to justify a conviction, and also clearly point out what degree of proof is sufficient as corroborative of that of the accomplice.
CHIPMAN, C. Defendant Lynch was jointly, with Frank Davis and Fred Howard, informed against for the crime of robbery. This appeal is from a judgment of conviction against Lynch, and from an order denying his motion for a new trial.
1. Defendant contends that he was convicted upon the uncorroborated testimony of an accomplice, and that therefore, under section 1111 of the Penal Code, the judgment cannot stand.
The only direct evidence of defendants’ connection with the crime was given by his codefendant Davis.
As we think the judgment and order must be reversed upon other grounds, it is sufficient to say upon the point just stated that we are unable to agree with defendant. It appears to us that there is evidence in addition to that of the accomplice which, without its aid, tends to connect the defendant with the commission of the offense charged.
2. On redirect examination of Davis by the district attorney he asked the witness to state “the conversation that occurred on Saturday night (the night Before the robbery) when Lynch, Howard, and yourself were present; anything that was said between Howard and Lynch, or anything that was said between yourself and Lynch.” Defendant objected as irrelevant, immaterial, and incompetent, and was overruled and an exception was reserved. The witness answered: “Lynch started to tell us about a fellow named the Rambler. He told us that the Rambler and him were going down to hold up the station at Davisville; also the big hotel across the railroad. He only had one gun.” Defendants’ counsel moved to strike out this answer as irrelevant, incompetent, and immaterial. The motion was denied. We think this ruling was prejudicial error.
[503]Testimony must be confined to the issues. Evidence of collateral facts are excluded under the rule as being incapable of affording any reasonable presumption or inference as to the principle fact or matter in dispute. (1 Greenleaf on Evidence, secs. 51, 52.) It is under this rule that it is held to be incompetent for the prosecution to give evidence of facts tending to prove another distinct offense for the purpose of raising an inference that the person had committed the offense in question. So, also, it is incompetent to give evidence of the prisoner’s tendency to commit the offense with which he is charged. (Roscoe’s Criminal Evidence, [81]
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