Thrall

1. It is well conceded by the Attorney-General that the refusal of the court below to give the fourth instruction, asked by the prisoner and refused by the court, cannot be supported. The instruction refused was as follows: “The guilt of a defendant cannot be proved alone by the confessions or statements of the defendant, without other evidence or circumstances tending to show the commission of the crime, and unless there is other evidence it is your duty to acquit the prisoner.” That its refusal was error was determined here in People v. Jones ( 31 Cal. 565 ), where the authorities are cited and reviewed. The only distinction upon the question on hand observed between the case of Jones and the one at bar is, that in Jones’s case the whole of the evidence was in the record, and it was affirmatively shown that, with the exception of his own extra-judicial statements and those of his co-defendant, there was no evidence tending in the slightest degree to support the charge against him, while in the case at bar all the evidence is not set forth in the record. But even if we assume against the prisoner that, besides his own extra-judicial confessions, there was evidence given at the…