Wagner

People v. Wagner

Good Law
133 Cal. App. 775·1933 Cal. App. LEXIS 613·24 P.2d 927
Court of Appeal of CaliforniaAugust 21, 1933Docket No. 251.California2,026 words

Opinion

Lead Opinion

Jennings, J.

The defendant and seven other persons, including James Doolen, were jointly accused by an indictment returned by the grand jury of Los Angeles County of the crime of kidnaping for the purposes of extortion and robbery. Upon arraignment the defendant entered a plea of not guilty and a plea of former jeopardy. The trial of the cause resulted in a verdict of conviction of the charge of kidnaping and a verdict in favor of the People upon defendant’s plea of former jeopardy. The defendant then presented to the trial court a motion for a new trial, which was denied. The court thereupon pronounced judgment upon the defendant whereby it was ordered that he be imprisoned in the state prison at Folsom. From the judgment thus rendered and from the court’s order denying his motion for a new trial the defendant has prosecuted this appeal.

Appellant specifies three alleged errors committed by the trial court which he contends entitle him to a reversal of the judgment. These are, first, that the court erred in denying his motion to dismiss the indictment on the ground that there was not sufficient evidence to corroborate the testimony of the alleged'accomplice, James Doolen, regarding the…

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