Lewis

People v. Lewis

Good Law
136 Cal. App. 405·1934 Cal. App. LEXIS 1023·29 P.2d 305
Court of Appeal of CaliforniaJanuary 26, 1934Docket No. 2319.California1,884 words

Opinion

Lead Opinion

Houser, J.

Defendant appeals from a judgment of conviction of the crime of conspiracy to commit burglary; also from each of three judgments of conviction of the crime of burglary in the second degree, as well as from an order by which his motion for a new trial, which related to each of such respective convictions, was denied.

It is first contended that “the corroborative testimony fails to connect the appellant A. B. Crist with the conspiracy charged”;—the point being that, although the testimony given by an accomplice in the alleged crime implicated the appellant, the corroborating evidence failed to measure up to the requirements of section 1111 of the Penal Code, which, as far as is pertinent herein, provides that “a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. ...”

As hereinbefore has been indicated, the crime of conspiracy arose out of an alleged agreement or understanding that existed between defendant and his accomplice to cm…

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