Olds

People v. Olds

Good Law
1927 Cal. App. LEXIS 212·86 Cal. App. 130·260 P. 321
Court of Appeal of CaliforniaOctober 15, 1927Docket No. 1522.California810 words

Opinion

lead Opinion

Houser, J.

Defendant appeals from a judgment of conviction of the crime of sex perversion as defined and denounced in section 288a of the Penal Code.

The first point presented by appellant for a reversal of the judgment is that, because the principal witness for the prosecution was an accomplice of defendant, a conviction could not have been had on testimony of such accomplice unless it was corroborated by such other evidence as tended to connect the defendant with the commission of the offense. (Sec. 1111, Pen. Code.) But assuming (without deciding) that in the circumstances of this case, as shown by the evidence, the principal witness was an accomplice of defendant, it clearly appears that the testimony given by such witness was fully corroborated by three eye-witnesses to the com mission of the offense. If, as claimed by appellant, the testimony given by such corroborating witnesses is unbelievable, it is well established that the credibility to be attached to such evidence was a matter which lay exclusively within the province of the jury; and, hence, the question as to whether such witnesses were truthful in their several statements is one which may not be decided by this…

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