People v. Melvane
People v. Melvane
Opinion of the Court
delivered the opinion of the Court:
There are but two questions arising on this appeal, to wit: First—"Whether or not there was sufficient corroboration of the testimony of the accomplice to justify a conviction of the accused ? and, Second—"Whether the Court erred in permitting the witness, Dade, to testify, notwithstanding the objection of the defendant ?
In the case of the People v. Ames, (39 Cal. 403), we had occasion to construe Section 375 of the Criminal Practice Act, which provides that “ a conviction cannot be had upon the testimony of an accomplice unless he be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration shall not be sufficient if it merely show the commission of the offense or the circumstances thereof.” We held that the corroborating evidence, of itself, and without the aid of the testimony of the accomplice, must tend in some degree to connect the defendant with the commission of the crime in order to justify a conviction. We see no reason to be dissatisfied with this construction of the statute, and we proceed to inquire whether this case comes within the rule.
The defendant was indicted for burglary, and it was proved that at the time of the burglary there was stolen from the premises a quantity of gold and silver coin, amounting in tho
When the accomplice, Dade, was offered as a witness, the defense objected to his competency, on the ground that he was a convicted felon, and, therefore, infamous. To establish this fact, he was asked whether or not he had been convicted of any infamous or felonious crime, for which he had been confined in the State Prison? The prosecution objected to the question on the ground that “this is not the proper way to prove such in competency.” The objection was sustained, and he was then asked by the counsel for the defense whether ho had been incarcerated in the State Prison of this State from a Court of competent jurisdiction, and
Judgment affirmed.
Reference
- Full Case Name
- THE PEOPLE OF THE STATE OF CALIFORNIA v. CHARLES MELVANE
- Cited By
- 32 cases
- Status
- Published
- Syllabus
- Evidence op an Accomplice.—To justify a conviction upon the testimony of an accomplice there must bo some evidence which, of itself, and without the testimony of the accomplice, must tend, income degree, to connect the accused with the commission of the crime. Idem.—Possession op Stolen Peopekty.—Proof that part of the stolen property was found on the next day after the theft, on the person of the accused, is such corroborating evidence as may warrant a conviction upon the further testimony of an accomplice. Pboop op the Conviction op a Witness op an Infamous Oppekse. — It is not competent to prove by parol the conviction of a witness of an infamous offense, in order to discredit Ills testimony. The record of the conviction is the host evidence. PBAfcxH’E. — When the same evidence has been several times objected to and ruled out by the Court, there is no need to repeat the objection on every repetition of the question. The objection may be treated as continuing, unless something occurs to show that it is waived.