Negra

I dissent. The chief witness for the prosecution was an admitted accomplice, Buck Deluchi. . I think the court erred in curtailing the cross-examination of the accomplice, Deluchi, without whose testimony no conviction could be had in this case. It is evident that the testimony of Deluchi is full of contradictions and his reputation for truth, honesty and integrity was shown by the testimony of a number of reputable witnesses to be bad. It is evident, also, that he was testifying to save his own life and, therefore, the widest latitude should have been extended on the cross-examination of this witness.

I am satisfied, also, that the corroboration of the accomplice falls far short of the standard required as set forth in People v. Kempley, 205 Cal. 441 [ 271 Pac. 478 ].

Rehearing denied.

Langdon, J., dissented.

Antone Negra and Robert, known as “Buck,” Deluchi were indicted jointly by the grand jury of the county of Merced for the crime of murder. They were tried separately. Negra was found guilty of murder in the first degree. The jury failed to fix the punishment and Negra was sentenced to pay the extreme penalty. The conviction rested mainly on the testimony given by Deluchi, and Negra has appealed, urging the insufficient corroboration of an accomplice to sustain the judgment, and alleged errors of the lower court occurring during the trial.

Deluchi was present at the killing of the decedent and testified in detail as to the manner in which the deceased was lured to a lonely ranch, some distance from Los Banos, and there shot by Negra. Therefore, our consideration of the evidence is to be directed to determining whether or not Deluchi’s testimony, that of an accomplice, is corroborated by such other evidence as tends to connect the appellant Negra with the commission of the offense. (Pen. Code, see. 1111.)

The evidence discloses that Negra and Ralph Amabile, the deceased, were copartners in the sheep business. They were first cousins and brothers-in-law. The partnership was…