Ortega

People v. Ortega

Good Law
1908 Cal. App. LEXIS 345·7 Cal. App. 480·94 P. 869
Court of Appeal of CaliforniaJanuary 29, 1908Crim. No. 107.California412 words

Opinion

Lead Opinion

Kerrigan, J.

The defendant was convicted of the crime of robbery, for which he was sentenced to imprisonment for two years. He appeals from the judgment and from the order denying his motions for a new trial and in arrest of judgment.

The prosecuting witness, R. J. Little, testified that on March 6, 1907, at about 12 o’clock at night, while he was walking along a street in San Jose, two men came up behind him.and knocked him down, and squeezed out of his hand a poeketbook containing about $12, and that “he hung on to it pretty tight all right.” He did not know the men, nor could he identify either of them. During the trial Alexander Stokes took the stand, and stated that he and the defendant committed the robbery, and gave details of the crime. Appellant contends that this testimony, being that of an accomplice, was not corroborated as required by section 1111 of the Penal Code; that, aside from the testimony of the accomplice, there was no evidence which in itself and without the aid of such testimony tends to connect the defendant with the commission of the offense. A police officer testified that he saw the defendant, the accomplice Stokes, and Little, who was robbed, together shortly…

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