175 N.Y. 323 | NY | 1903
The only questions presented upon this appeal are: 1. Whether there was sufficient evidence in the case, besides the testimony of two accomplices who were sworn as witnesses for the prosecution, to justify the submission to the jury of the question of the defendant's guilt; and, 2. If not, *325 whether the fact that two accomplices testified to the crime instead of one, removes the case from the effect of section 399 of the Code of Criminal Procedure, which provides, "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 crime."
As to the first question, we find that there was no proof aside from the evidence of the accomplices which tended to show that the defendant was connected with the crime, except the mere fact that he was shown to be with one of the accomplices in a place and under circumstances where he might have assisted in its commission, and that he loaned one of the accomplices his overcoat. While formerly the matter of corroboration of accomplices rested with the court instead of being required by statute, still, the principle that no person should be convicted upon the evidence of an accomplice alone has long been asserted and regarded as practically imperative. In considering the character of the evidence required under that rule, it has been quite uniformly held that the corroboratory evidence must relate to some material fact or facts which go to prove the prisoner's connection with or guilt of the crime charged. "What appears to be required is, that there should be some fact deposed to, independently altogether of the evidence of the accomplice, which, taken by itself, leads to the inference not only that a crime has been committed, but that the prisoner is implicated in it." (Roscoe's Criminal Evidence, p. 122.) That rule was considered and obviously followed in People v. Plath
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This brings us to the consideration of the second question, whether the fact that two accomplices testified in regard to the crime instead of one, removed the case from the effect of section 399. We think it did not. The obvious purpose of that statute was not to secure the evidence of more than one accomplice, but related to the quality of the evidence rather than the quantity, and was to forbid the conviction of any person upon the evidence of an accomplice or accomplices, unless corroborated by other evidence. In the language of Judge FOSTER in State v.Williamson (
These considerations lead us to the conclusion that the corroboratory evidence was insufficient to justify the submission of the case to the jury; that the testimony of two accomplices did not fulfill the requirements of the statute, and that the court erred in denying the defendant's request to advise the jury to acquit and in refusing to charge that there was no evidence corroborating the evidence of the accomplice Senior.
Hence, the judgment of conviction should be reversed and a new trial granted.
PARKER, Ch. J., GRAY, O'BRIEN, HAIGHT, CULLEN and WERNER, JJ., concur.
Judgment of conviction reversed, etc.