People v. Lynch

Defendant Lynch was jointly, with Frank Davis and Fred Howard, informed against for the crime of robbery. This appeal is from a judgment of conviction against Lynch, and from an order denying his motion for a new trial.

1. Defendant contends that he was convicted upon the uncorroborated testimony of an accomplice, and that therefore, under section 1111 of the Penal Code, the judgment cannot stand.

The only direct evidence of defendants’ connection with the crime was given by his codefendant Davis.

As we think the judgment and order must be reversed upon other grounds, it is sufficient to say upon the point just stated that we are unable to agree with defendant. It appears to us that there is evidence in addition to that of the accomplice which, without its aid, tends to connect the defendant with the commission of the offense charged.

2. On redirect examination of Davis by the district attorney he asked the witness to state “the conversation that occurred on Saturday night (the night Before the robbery) when Lynch, Howard, and yourself were present; anything that was said between Howard and Lynch, or anything that was said between yourself and Lynch.” Defendant objected as…