People v. Stanley

Citations

• 47 Cal. 113

Syllabus

<p>Increased Punishment for Second Offense.—Where a person is subjected to increased punishment for a second offense, under Section 667 of the Penal Code, he is not twice put in jeopardy for the same offense, within the meaning of the Constitution. The increased punishment is not a punishment for the first offense, but is inflicted because of the persistence in crime.</p> <p>Plight as Evidence of Guilt.—The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case.</p> <p>Same.—Such evidence is received, not as a part of the res gestee of the criminal act itself, but as indicative of a guilty mind. The rule extends only to • the person fleeing, and cannot be extended to a ease where a conspiracy to commit a crime has been entered into between two or more, and the flight of a co-conspirator is sought to be proved against another on his separate trial.</p> <p>Bes Gests—Acts of Accomplice.—The acts of an accomplice are not evidence against the accused, unless they constitute a portion of the res gestee, and occur during the pendency of the criminal enterprise, and are in furtherance of its objects.</p> <p>Pbesumed Ebbob.—Every error in the admission of testimony is presumed to be injurious, unless the contrary clearly appears.</p>