Ojeda

People v. Ojeda

Good Law
132 Cal. App. 593·1933 Cal. App. LEXIS 340·23 P.2d 316
Court of Appeal of CaliforniaJune 15, 1933Docket No. 1263.California2,181 words

Opinion

Lead Opinion

Thompson, J.

The appellants, Arthur and Manuel Ojeda, were charged jointly with Elmer Harley with the crime of grand theft committed by killing and appropriating a hog belonging to George Scally. These three defendants and Samuel Maynard participated in the commission of the offense. Maynard shot the hog. The four individuals dressed and divided the pork among themselves. The crime was discovered and they were apprehended. Maynard pleaded guilty to grand theft. Harley and the Ojeda brothers were jointly tried and convicted. In pronouncing judgment against them the court administered fines with the alternative that if the fines were not paid they should be imprisoned in the county jail until the penalty was satisfied at the rate of one day for each two dollars of the fine imposed. Harley failed to appeal from the judgiiient. Arthur and Manuel Ojeda, however, perfected an appeal therefrom.

The appellants contend the verdict and judgment are not supported by the evidence, chiefly because the testimony of Maynard, an accessory to the crime, was not adequately corroborated by other evidence so as to conform to the requirement of section 1111 of the Penal Code. It is also asserted the court erred…

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