Baillie

The defendant and a number of other persons, including Ralph Sheldon and Jimmie Doolen, were jointly charged by indictment with the crime of kidnaping for the purpose of extortion and robbery. Sheldon and others were convicted in an earlier trial. The charge against Doolen, an admitted accomplice, was dismissed so that he might testify on behalf of the prosecution. After trial a verdict of guilty resulted and this is an appeal from the judgment of conviction and from the order denying defendant’s motion for a new trial.

Defendant concedes there was sufficient evidence to establish the fact that a Mr. Caress, his wife, and their Japanese servant had been kidnaped and held for ransom. He contends, however, that there was insufficient evidence, independent of the accomplice Doolen, to connect or tend to connect him with the offense charged.

It appears that on the night of December 20, 1930, Caress, his wife and the Japanese servant were kidnaped and taken to a house, where they were kept prisoners, and a demand was made on Mr. Caress for $50,000 ransom. He drew four checks and handed them to one of the persons who held them captive. He then suggested one Les Breuneman as a person…