Nikolich

People v. Nikolich

Good Law
1928 Cal. App. LEXIS 693·93 Cal. App. 356·269 P. 721
Court of Appeal of CaliforniaJuly 28, 1928Docket No. 1676.California553 words

Opinion

lead Opinion

Thompson, J.

The defendant and appellant. L. Nikolich, together with the defendant George T. Vidieli, was convicted of possessing a still, used and intended to be used in the manufacture and production of intoxicating liquors for beverage purposes. Nikolich prosecutes this appeal from the judgment pronounced upon the verdict of the jury finding him guilty.

The sole ground relied upon by appellant for a reversal of the judgment is that the testimony, aside from that of his accomplice Vidich, is insufficient. Unquestionably the testimony of Vidich is sufficient to fasten the offense upon appellant and to sustain the verdict, provided only that the corroborating evidence tends to connect the defendant with the commission of the offense. The record discloses that about the twenty-first day of January, 1928, deputy sheriffs Paine and Haworth and a police officer of Huntington Park went to a small frame house set in the rear of the lot and about 100 feet from the street at No. 232 Hollenbeck Street in the city of Huntington Park. Upon gaining entrance they found a 50-gallon still and two 500-gallon vats filled with prune mash and about 35 gallons of whisky. The still was completely connected up for…

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