People v. Ardell

Citations

• 6 Cal. Unrep. 827
• 66 P. 970

Syllabus

<p>Larceny—Testimony oí Aecompliee—Corroboration.—On a prosecution for the larceny of $280 it appeared that the defendant knew of the money being in the pocket of the prosecuting witness, and that he, with others, drank with the defendant, and then went with him to a dance-hall, where the money was taken by a woman. On the prosecuting witness making complaint, defendant told him he would try to get back the money, and he got the witness out of town that night. When the prosecuting witness returned, and had the woman arrested, defendant gave him $40, and induced the witness to attempt to have the prosecution dismissed, which the witness did not succeed in doing, and defendant again sent witness out of town. Defendant then fled from the state, and when found was living under an assumed name. Held, that the circumstances were sufficient to corroborate the testimony of an accomplice as to defendant’s guilt.1</p> <p>Larceny—Accomplice.—On a Prosecution for Larceny, Evidence as to a conversation between the prosecuting witness, defendant and another in regard to having a prosecution against an alleged accomplice of defendant, growing out of the robbery, dismissed, was properly received to show the defendant’s solicitude in settling the matter.</p> <p>Criminal Law.—Evidence Received Without Objection will not be struck out on motion.</p>