People v. Trim

Citations

• 39 Cal. 75

Syllabus

<p>Criminal Practice.—Declarations op an Accomplice.—Upon the separate trial of one of the alleged confederates in the commission of a criminal offense, after evidence has been introduced to establish the confederation or conspiracy, sufficient, in the opinion of the Court, to go to the jury, any act or declaration of either confederate, in furtherance of the object and puipose of the confederation, is competent against tho other.</p> <p>Idem.—Upon the separate trial of one of two parties on an indictment for arson, in burning a building covered by insurance, with tho intent to defrand the insurer, the attempt of the other party to procure the payment from the insurer of the amount of the loss insured against, is competent evidence as acts and declarations of a co-conspirator, in furtherance of the original purpose of the conspiracy to defraud the insurer.</p> <p>Arson.—Proop Against One Indicted as Principal. — It is not necessary to the conviction of a party under an indictment, charging him as principal in the offense of arson, that the evidence should establish that ho burned the house himself, or applied tho .torch to the building with Ms own hand.</p> <p>Principal and Accessory.—A party indicted as principal, cannot be convicted upon evidence tending only to show that he was an accessory before the fact.</p>