Thompson

People v. Thompson

Good Law
50 Cal. 480
Supreme Court of CaliforniaJuly 1, 1875No. 10,166California529 words

Opinion

lead Opinion

Crockett, J.

The defendant having been convicted of a felony, chiefly on the testimony of an accomplice, has appealed from the judgment and from the order denying his motion for a new *481 trial. At the trial, the court charged the jury as follows: “A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense or the circumstances thereof. That is to say, the corroborating evidence must of itself, and without the aid of the testimony of the accomplice, tend in some degree to connect the defendant with the commission of the offense. The purpose of this section of our Penal Code is to prohibit a conviction unless there is some evidence entirely exclusive of that of the accomplice, which of itself, and without the aid of that of the accomplice, tends to raise at least a suspicion of the guilt of the accused. The corroborating evidence may be slight, and entitled to but little consideration; nevertheless, the requirements of…

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