Sciaroni

People v. Sciaroni

Good Law
1907 Cal. App. LEXIS 239·4 Cal. App. 698·89 P. 133
Court of Appeal of CaliforniaJanuary 22, 1907Crim. No. 28.California855 words

Opinion

Lead Opinion

Burnett, J.

This is an appeal from the judgment and order denying the motion for a new trial.

The defendants were convicted of the crime of exploding dynamite in the Angéls quartz mine at Angels Camp, Calaveras county, “with the intent to injure said mine and said structures therein and to injure, intimidate and terrify human beings, and by means of which human beings were endangered. ’ ’

The most serious contention made by defendants is that the evidence is insufficient to justify the verdict of conviction. In this connection it is urged that no corroboration of the testimony of one Charles E. Holmes, an admitted accomplice, can be found in the record. The demand of the law upon the subject is clear and unmistakable. It is set forth in the instructions given by the learned trial judge. These are substantially as follows: “A conviction cannot be had on the testimony of an.accomplice unless he is corroborated by other evidence, which in itself and without the aid of the testimony of the accomplice tends 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.” (Pen.…

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