99 P.2d 968 | Colo. | 1940
PLAINTIFF in error, to whom we hereinafter refer as defendant, was indicted with four others for unlawfully conspiring to commit a felony, to wit, utter a forged and fictitious bond. Three of the defendants testified in behalf of the people. Defendant was convicted and sentenced, and he is here seeking reversal.
[1] The errors asserted by defendant may be comprehended in two grounds: First, that certain testimony relating to the commission of other offenses was improperly admitted over the objection of defendant; and, second, that the evidence was wholly insufficient to justify a verdict of guilty against defendant. The evidence to which defendant objected and to the admission of which he duly excepted, is set forth in full in his motion for a new trial. We deem it unnecessary to detail it here. The only reference to other crimes was in the testimony of the accomplices, and related to defendant's business activities, indicating that some of them were not legitimate. The purpose of that testimony, as disclosed by the record, was to show defendant's financial status and *515
difficulties, and his motive in entering into the conspiracy charged. His financial liabilities were large and, in comparison, his assets were very small. This evidence, in view of the other testimony in the case, was clearly material and admissible for such purposes. Helser v.People,
[2-4] In support of defendant's second contention it is argued that the evidence for the state was so incredible that the trial court should not have permitted a conviction based thereon to stand. The credibility of the witnesses was primarily a question for the jury. The case of the people was based, to a large extent, upon the uncorroborated testimony of accomplices. It is the law of our state that one may be convicted upon this character of testimony, but to support the conviction it must be clear and convincing, must be received with great caution, and show guilt beyond a reasonable doubt.Solander v. People,
The judgment is affirmed.
MR. JUSTICE FRANCIS E. BOUCK and MR. JUSTICE YOUNG not participating.