Thompson

People v. Thompson

Good Law
16 Cal. App. 748·1911 Cal. App. LEXIS 240·117 P. 1033
Court of Appeal of CaliforniaAugust 2, 1911Crim. No. 310.California1,839 words

Opinion

Lead Opinion

Kerrigan, J.

The defendant, charged with murder, was tried and found guilty of murder in the second degree. He prosecutes this appeal from the judgment.

The defendant relies on four points for a reversal of the judgment.

1. It is admitted that Marie Messerschmidt, on whose testimony the actual commission of the offense was established, was an accomplice; and defendant contends that her testimony was not corroborated as to some of the material elements of the crime. But the rule does not require, as seems to be thought by defendant, that the accomplice shall be corroborated in all the essential elements of the offense. On the contrary, it is sufficient if the corroborating evidence, considered by itself, tends in some way to connect the defendant with the commission of the crime.

In People v. Bunkers, 2 Cal. App. 197, 205, [ 84 Pac. 364 ], Mr. Justice McLaughlin, considering,the same question, said: “While corroborating evidence must create more than a mere suspicion, it is not required that it be absolutely convincing. Nor need it extend to every fact and detail covered by the statements of the accomplice. It is sufficient if, standing alone, it tends to connect the defendant with the…

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