People v. Koening

Citations

• 99 Cal. 574
• 34 P. 238
• 1893 Cal. LEXIS 715

Syllabus

<p>Criminal Law—Evidence of Accomplice—Insufficient Corroboration—Suspicion of Guilt. — Uncler section 1111 of the Penal Code, the corroboration of the evidence of an accomplice must be by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the act, and testimony which at most only raises a bare suspicion of the defendant’s guilt falls short of such corroboration as can be relied upon to support a conviction.</p> <p>Id. — Grand Larceny—Testimony of Principal Thief — Conviction not Warranted. — When a defendant accused of grand larceny was convicted upon the testimony of a woman with whom he had lived, who admitted that she committed the larceny in person and testified that she was urged to do it by the defendant and paid the money over to him, without other evidence as to his complicity, except a request from him to the sheriff to see her after her arrest, and declarations by him that the sheriff had the wrong woman, and that he did not know or have anything to do with her, such figment of evidence in support of her testimony does not rise to the dignity of corroboration, and cannot warrant a conviction of the defendant.</p>