State v. Whaley
State v. Whaley
Opinion of the Court
The opinion of the Court was delivered by
Appellants were convicted of receiving stolen goods on the uncorroborated testimony of two accomplices, and were sentence to three years imprisonment. Tucker contends that, even if the uncorroborated testimony of accomplices is sufficient to warrant conviction, the evidence was insufficient to sustain the verdict as to him.
Judgment affirmed.
Reference
- Full Case Name
- State v. Whaley and Tucker.
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Receiving Stolen Goods — Evidence Justifying Inference of Guilty Participation. — Evidence held sufficient to justify inference of a defendant’s guilty participation in the crime of receiving stolen goods. 2. Criminal Law — Conviction May Rest on Uncorroborated Accomplice Testimony. — The uncorroborated testimony of accomplices is sufficient in law to sustain conviction of an offense. 3. Criminal Law — Instruction on Accomplice Testimony Not on Facts. — In a prosecution for receiving stolen goods, statement of the Court in instructing that it had been suggested that no one could be convicted on the uncorroborated testimony of an aaccomplice, but that such was not the law, and it was for the jury to determine what weight should be given the testimony of any witness, whether an accomplice or any other, held not erroneous as a charge on the facts, in that the jury were instructed that the testimony of an accomplice was as good as that of any other witness. 4. Criminal Law — Length of Sentence Discretionary With Trial Court. — Within the limits prescribed by statute, the length of sentence imposed is entirely within the discretion of the trial Court, and the Supreme Court cannot review sentence to three years imprisonment for receiving stolen goods of the value of only $40. 5. Constitutional Law' — Regulation of Penalties Within Legislative Discretion. — Defendants, convicted of receiving stolen goods exceeding $20 in value, cannot com plain of the legislature’s policy in providing only imprisonment without alternative fine for the offense, and in allowing the imposition of a much greater punishment for receiving stolen goods*above the value of $20 than where their value is less than that amount; the matter being for legislative and not judicial consideration.