People v. Bearss

Citations

• 10 Cal. 68
• 1858 Cal. LEXIS 190

Syllabus

<p>By the eleventh section of the Act concerning Crimes and Punishments, the distinction existing at common law between principals of the first and second degree in crime, is abolished.</p> <p>So is the distinction between principals and accessories before the fact, so far as such distinction is capable of abolition.</p> <p>Accessories may, by the act of this State, be indicted and tried with the principal, or separately, and either may ho convicted or acquitted without reference to the previous conviction or acquittal of the other.</p> <p>At common law, aiders and abettors might be convicted, though the principals in the first degree had been acquitted. The statute of this State has not altered the law in this respect.</p> <p>Where W., R., and B., were indicted for the crime of murder, the indictment charging all the parties as principals, but in the statement of facts constituting the offence, alleging that the fatal blow was struck by W., and that R. and B. stood by and abetted, W. having been convicted: Held, that the record of W.’s conviction was inadmissible in evidence on B.’s trial for any purpose.</p> <p>The fact of W.'s conviction was immaterial to the guilt of B., and such evidence could only tend to prejudice the minds of the jury.</p>