People v. Hudson

KNIGHT, J. Appellant was charged with having committed petty theft and with. having been three times previously convicted of petty theft. He admitted the prior convictions, pleaded not guilty to the main charge, and upon trial before a jury was found guilty. Part of the evidence introduced against him consisted of a confession which the prosecution claimed was made by him shortly after his arrest; and as grounds for reversal it is contended that the corpus delicti was not proved, and that therefore evidence of the confession was erroneously admitted.

It is well settled, as appellant contends, that the corpus delicti must be proved by evidence outside of the declarations and admissions of the defendant; but it is equally well settled that to authorize the reception and consideration by the jury of evidence of extrajudicial confessions or admissions of a defendant, the prosecution is not required to establish the corpus delicti by proof as clear and convincing as is required to establish the fact of guilt. Slight or prima facie proof is all that is necessary. (People v. Bollinger, 196 Cal. 191 [237 Pac. 25]; People v. Selby, 198 Cal. 426 [245 Pac. 526]; People v. McWilliams, 117 Cal. App. 732 [4 Pac. (2d) 601]; People v. Black, 111 Cal. App. 90 [295 Pac. 87]; People v. Bonilla, 114 Cal. App. 219 [299 Pac. 784]; People v. Wilcoxin, 69 Cal. App. 267 [231 Pac. 377]; People v. Alba, 52 Cal. App. 603 [199 Pac. 894]; People v. Vertrees, 169 Cal. 404 [146 Pac. 890].) It may be proved by circumstances shown in evidence or by inferences drawn from facts shown. (People v. Vicunia, 105 Cal. App. 145 [286 Pac. 1061]; People v. Ford, 85 Cal. App. 258 [258 Pac. 1111].) Direct or positive evidence is not essential (People v. Wilkins, 158 Cal. 530 [111 Pac. 612]), nor is it necessary that such evidence in itself connect the defendant with the perpetration of the offense (People v. Jones, 123 Cal. 65 [55 Pac. 698]). The decisions hold also that such proof may consist of the testimony of the defendant himself when he voluntarily becomes [545]a witness in tbe case and testifies to facts which tend to prove the corpus delicti. (People v. Kelly, 70 Cal. App. 519 [234 Pac. 110].) Furthermore, as said in People v. Clark, 70 Cal. App. 531 [233 Pac. 980], and in the other cases hereinafter cited, while ordinarily it is the proper practice to establish the corpus delicti as early in the proceedings of the trial as may be practicable, the order of proof is discretionary with the court, and where the corpus delicti is finally established, a mere variation in the order of proof cannot be said to result in any prejudice to the defendant’s rights. (People v. Besold, 154 Cal. 363 [97 Pac. 871]; People v. Wilkins, supra; People v. Watters, 202 Cal. 154 [259 Pac. 442]; People v. Bollinger, supra; People v. Hinshaw, 40 Cal. App. 672 [182 Pac. 59]; People v. Hatfield, 77 Cal. App. 212 [246 Pac. 95].)