People v. Creegan

Citations

• 121 Cal. 554
• 53 P. 1082
• 1898 Cal. LEXIS 952

Syllabus

<p>Criminal Law—Evidence—Corroboration of Accomplice.—Under section 1111 of the Penal Oode, the testimony of an accomplice must be corroborated by other evidence which in itself, without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the crime charged; and the testimony of one accomplice cannot be deemed corroborated by that of another accomplice.</p> <p>Id. — Character of Corroborating Witness — Question for Jury.— Whether a- witness corroborating an accomplice was also himself an accomplice is a question of fact, to he determined by the jury, upon competent evidence.</p> <p>In.—Presumption—Conclusiveness of Verdict.—It must be presumed from a verdict of conviction based upon the testimony of a witness in corroboration of an accomplice, where the fact was in dispute whether such witness was also an accomplice, and the jury were properly instructed as to the corroboration required by section 1111 of the Penal Code, that the jury found that the witness was not an accomplice; and their verdict must be accepted as conclusive of the fact.</p> <p>In.—Incompetent Evidence—Complicity in Eorgery—Acquittal—Hearsay.—Upon the question whether a corroborating witness was an accomplice to a forgery charged against the defendants, evidence that the witness had been tried for complicity in the forgery, and had been acquitted thereof, is incompetent. Such evidence is hearsay, and has no legal tendency to show that he was not an accomplice in the crime, and its admission was prejudicial error.</p> <p>Id.—Opinion of Accomplice.—The testimony of the accomplice whose testimony was sought to be corroborated, that he did not consider that the corroborating witness was guilty of the forgery charges, is incompetent, and should be stricken out.</p> <p>Id.—Basis fob Comparison of Handwbiting—Incompetent Explanation— Similar Offense.—Where a paper is introduced in evidence as a basis for a comparison of the handwriting of the defendant, upon