84 Pa. Super. 295 | Pa. Super. Ct. | 1924
Argued October 20, 1924. The defendant appeals from his conviction upon two indictments charging sodomy. The indictments were tried together and the assignments of error are identical, presenting but a single question.
The evidence as to the material facts produced by the Commonwealth in support of the indictment in each of the cases consisted of the uncorroborated testimony of an accomplice. The learned counsel representing the defendant presented points requesting the court to charge that there could not, in either of the cases, be a conviction upon the uncorroborated testimony of an accomplice, the refusal of which points is assigned for error. Before discussing these assignments it should be noticed that the learned trial judge did not overlook the subject to which these points relate, but in his general charge instructed the jury that it was their duty to consider the testimony of the accomplice with great caution, scrutinize it with great care, because the accomplice was also a partner in the crime, and to examine with great care the statements of the accomplice upon the witness stand, in order to ascertain whether or not he was telling the truth. This instruction it is the duty of the court to give the jury, in such a case: Com. v. Polise,
The judgments in the appeals Nos. 35 and 36, April Term, 1925, are affirmed and it is ordered that the defendant appear in the court below at such time as he may be there called and that he be by that court committed until he has complied with the sentence, in the respective appeals, or any part of it, which had not been performed at the time the appeals were made a supersedeas. *298