State v. Hicks

Citations

• 6 S.D. 325
• 60 N.W. 66
• 1894 S.D. LEXIS 108

Syllabus

<p>1. Section 7384, Comp. Laws, is as follows: “A conviction cannot be had upon the testimony of an accomplice unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely show the commission of the offense or the circumstances thereof.” The corroborative evidence required by this section is not necessarily such evidence as will of itself support a conviction, and thus render that of the accomplice superfluous or redundant, but it is evidence that tends to support or strengthen that of the accomplice in the respect that “it tends to connect the defendant with the commission of th$ crime.”</p> <p>2. The law is complied with if there is some other substantial evidence fairly tending to “connect the defendant with the commission of the crime” so that his conviction will not rest alone upon the evidence of the accomplice.</p> <p>3. The evidence in this case examined, and held, not only to satisfy the requirement of the statute, but to justify the verdict of the jury.</p> <p>4. It was not error in the trial court to refuse an instruction containing the following: “The purpose of the statute of this state upon this subject is to prohibit a conviction unless there is some evidence entirely exclusive of that of the accomplice, which of itself, and without the aid of that of the accomplice, establishes the g'uilt of the defendant beyond reasonable doubt. ”</p> <p>(Syllabus by the court.</p>