People v. Strybe

Citations

• 4 Cal. Unrep. 505
• 36 P. 3
• 1894 Cal. LEXIS 1232

Syllabus

<p>Accomplice—Corroboration—Instructions.—On a Murder Trial, the court, on evidence fully authorizing it, submitted to the jury the question as to whether or not a certain witness for the state was an accomplice. The only corroborative evidence was given by the wife of such witness, who testified to certain oral confessions. Held, that it was error to refuse to charge that the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of defendants ought to be viewed with caution, under Code of Civil Procedure, section 2061, which directs such instructions to be given “on all proper occasions.”</p> <p>Accomplice—Corroboration—Instructions.—It was also Error to refuse to charge that, if the jury found such witness to be an accomplice, and did not believe the evidence of his wife, then there was no corroborating evidence of the accomplice, and it was their duty to acquit.1</p>