Howell

Defendant appeals from a judgment of conviction of the crime of robbery, and from an order denying his motion for a new trial.

The evidence tends to show that defendant, in company with two other men, committed the offense. The principal question discussed in the briefs is the legality of defendant’s conviction based upon the assumed uncorroborated testimony of one Fusilier, who, it is urged, was an accomplice of defendant, and who was one of the two men who accompanied defendant at the time of the robbery. On his direct examina tion Fusilier testified in effect that, although present at the time the crime was perpetrated, he was but a guest of the guilty men, and at no time had any knowledge of their intention to commit the offense; in which testimony he was fully corroborated by one of the men whom he had accompanied on the occasion in question. On the cross-examination of Fusilier certain facts were elicited from which it might have been inferred that with criminal intent he had participated in the commission of the offense.

Appellant’s first point is that a defendant cannot be convicted upon the uncorroborated testimony of one or more accomplices, and that the evidence…