Kosta

Defendant, together with four other persons, was charged by information with the crime of arson. Upon his trial, defendant Kosta was found guilty, and in due time appealed to this court from the judgment and order denying his motion for a new trial.

At the trial of defendant the four persons jointly charged with him were witnesses for the prosecution. Two of these witnesses were undoubtedly accomplices of defendant, and gave ample evidence to justify the conviction of defendant, provided it was sufficiently corroborated by other evidence, as required by section 1111 of the Penal Code.

The charge as to the other two defendants, Giannetos and Cochomihos, was dismissed by the court, upon motion of the district attorney, upon the ground that the evidence against them was insufficient to justify a trial, and they gave evidence for the prosecution.

The evidence which they gave, in itself, and without the aid of the testimony of the other two defendants, tends to connect appellant with the commission of the offense.

It is now contended that because these witnesses have been jointly charged with defendant, they must be conclusively presumed to be accomplices of appellant, as .against…