Thurman

The People appeal from an order granting the respondent a new trial after a jury had convicted him of robbery. The appeal is authorized by Penal Code section 1238, subdivision (a)(3).

The case of the prosecution to a very large extent rested upon the incriminating testimony given by one Williams, an accomplice to the crime. The motion for a new trial was made and granted upon the sole ground that, as a matter of law, the testimony of the accomplice was not sufficiently corroborated to satisfy the requirement of Penal Code section 1111.

We hold that the testimony of the accomplice was corroborated by other substantial evidence which tended strongly to connect respondent with the commission of the offense. This corroborating evidence is of such convincing quality that it must have satisfied the jury that the incriminating testimony of the accomplice, portraying respondent as an active participant in the planning and commission of the offense, was truthful.

The Testimony of the A ccomplice

There were four participants in the plan to rob the Broadway Department Store in Pasadena, two adults and two juveniles. The adults were respondent Thurman and his co-defendant…