Larsen

The defendant and George Green were, by information, jointly accused of the crime of robbery. They demanded separate trials, and upon the separate trial of the defendant the jury returned a verdict of guilty, recommending defendant to the mercy of the court. Thereupon the court sentenced him to imprisonment in the state prison for the term of forty years. He appeals from the judgment and from an order denying his motion for a new trial.

*287 The principal point upon which appellant relies for a reversal of the judgment is that the only evidence tending to connect him with the commission of the crime was the testimony of an accomplice—one Cliff Ragan—whose testimony was not corroborated as required by section 1111 of the Penal Code, which reads 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 aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense or the circumstances thereof. ’ ’ It appears that the robbery was committed at a store owned by a Chinaman named Sun Kee, about 7 o’clock in the evening of April 27, 1892. Sun Kee was…