205 A.D. 629 | N.Y. App. Div. | 1923
Defendant was jointly indicted with Antonio Vanilla and Joseph Amurso for the crime of robbery in the first degree. Defendant was separately tried and convicted. He worked for Kean, Taylor & Co., bankers in the borough of Manhattan, as head messenger. The firm had for delivery to Igoe Brothers of 69 Metropolitan avenue, Brooklyn, Liberty bonds of the par value of $466,000. The delivery was intrusted to the firm’s bond salesman and a messenger whom the defendant assigned to assist the salesman in this delivery. The delivery of the bonds was to be made on November 30, 1920, .and for this pm-pose the bond salesman and the messenger assigned left said banking firm’s office with the bonds in a handbag about one o’clock. The salesman and messenger, after crossing from Manhattan borough to Brooklyn borough by way of the elevated railroad, then went on foot a short distance to Igoe Brothers’ place of business, and when within ten or twelve feet of the entrance several men came suddenly from behind them, flashed guns, and commanded the salesman to drop the bag. The latter attempted to escape, but the men held him and started to hit him on the back of the head with the butts of their
The main contention of the defendant is that his conviction was wholly based upon his confessions, which did not establish his guilt beyond a reasonable doubt in view of his evidence that the confessions were induced by threats inculcating fear. The witnesses for the prosecution to whom the confessions were made established that the same were voluntarily made and without inducement or threat. The learned trial justice fairly charged the jury that if the confessions were made “ as the result of fear induced by threats, the law says it cannot be used against him; but if you find that it was not made as the result of fear induced by threats, the law says it is for you to determine what it shows, if anything, regarding the guilt or innocence of the defendant.” The fact that some of the confessions were made to the police and prosecuting officer did not render them inadmissible where, as here, those to whom the confessions were ma de testified to their voluntary character. And where the testimony of the defendant is to the effect that he made the confessions under the influence of fear produced by threats, the question then becomes one of fact for a jury to determine under proper instructions, and their determination, in the circumstances, may not be disregarded. (People v. Cassidy, 133 N. Y. 612; People v. Randazzio, 194 id. 147, 156.) Corroboration of the confessions was not required. A confession is only insufficient to warrant conviction when there is lacking the “ additional proof that the crime charged has been committed.” (Code Crim. Proc. § 395.) “ It will be observed that the statute does not require that the confession itself shall be corroborated. It provides merely that alone it shall be insufficient to warrant conviction. The only additional proof which the statute makes necessary to justify a jury in convicting a defendant who has confessed his guilt is that there shall be proof ‘ that the crime charged has been committed.’ There must be evidence in addition to the confession to prove the corpus delicti, but when, as in this case, the corpus delicti is proved by independent evidence, and the defendant has voluntarily confessed his guilt, a case for the jury is made out, and a conviction based upon such testimony is warranted in law.” (People v. Roach, 215 N. Y. 592, 600.) As stated, the proof of the commission
The defendant asserts a single error in rulings upon evidence. The banking firm’s general manager was asked on cross-examination whether a brother-in-law of one of the firm in question was known to the witness as “ vice-president of a southern bank,” and he answered that he knew nothing “ about his personal affairs.” He was then asked: “ Q. Do you know whether a vice-president of a Southern bank was tried for receiving stolen property, consisting of these bonds? ” Objection to this question was sustained. Counsel for the defendant said: “ I think the jury ought to know the truth in this case.” The court then stated that a ruling was simply being made on an objection, and added: “ What difference does it make who is tried for this crime at other places or here, even?” The proposition that counsel may have had in mind, if any, ivas not further elucidated, and we think the ruling in excluding the question was correct.
We think the judgment of conviction should be affirmed.
Kelly, P. J., Rich, Jaycox and Manning, JJ., concur.
Judgment of conviction affirmed.