14 Kan. 135 | Kan. | 1875
The opinion of the court was delivered by
Appellant was convicted in the district court of Coffey county of the crime of grand larceny, and from this conviction brings his appeal to this court. The errors .alleged are in reference to the instructions, and in overruling .a motion for a new trial.
“The testimony of Allen Roberts.is that of an accomplice, and must be corroborated by evidence tending to convict the defendant of the offense charged, or the jury must acquit the •defendant.
“Allen Roberts stands before the jury and court in the character of an impeached witness. As such, his testimony requires confirmation.”
These instructions were refused, and instead thereof the following was given:
“The jury are charg'ed that the admission of accomplices (to testify) as witnesses for the state is permitted and justified by the necessities of the case, it often being impossible to bring the principal offender to justice without their testimony. But in determining the weight and credit to be given such testimony, the jury should use great caution; and unless the testimony of the witness Allen Roberts is corroborated by other evidence in some material point in issue, the defendant should be acquitted, as it would be unsafe to convict upon the sole and uncorroborated testimony of an accomplice.”
Under this instruction it is claimed by counsel that the witness might be corroborated as to the fact of the larceny, but in nothing tending to connect the defendant with it, and that under such circumstances it would be improper to convict. We do not think the jury were misled. The testimony of the witness Roberts did not go at all tó the circumstances of the taking. He was not present at the time. The horse was brought to him by the defendant, after it had been stolen. His testimony related to the disposition of the horse thereafter, and the connection of the defendant with