D'Allesandro

People v. D'Allesandro

Good Law
163 Cal. App. 2d 559·1958 Cal. App. LEXIS 1539·329 P.2d 616
Court of Appeal of CaliforniaSeptember 16, 1958Crim. No. 2857California1,541 words

Opinion

Lead Opinion

Schottky, J.

The above named defendant, Joe Mike Mangipane, was charged with violating section 182 of the Penal Code, in that he conspired with Jerry D’Allesandro and Edgar Kelley to violate section 548 of the Penal Code by wilfully secreting, destroying and disposing of a truck *561 with intent to defraud an insurer. He was also charged with violating section 548 of the Penal Code.

Defendant waived a jury trial, and the cause was tried before the court. The court found the defendant guilty, and probation was granted. Defendant’s motion for a new trial was denied. This appeal is from the judgment and the order denying a new trial. No judgment was entered but since an order granting probation is an appealable order the appeal is proper both as to the order granting probation and the order denying the motion for a new trial.

The only question on this appeal is whether or not the testimony of an admitted accomplice was sufficiently corroborated as required by Penal Code, section 1111, which reads:

The testimony produced at the trial disclosed that Jerry D’Allesandro was the owner of a 1954 Mac rebuilt Sterling Tractor Truck which was insured by Lloyds of London. A Joe Trombetta, an admitted…

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