34 Iowa 453 | Iowa | 1872
These eases involve substantially the same facts, and are determined upon the same question of law. Eor this reason they are considered and decided together.
The conviction in each case was upon the evidence of an accomplice, which implicated defendants in the crime for which they were jointly indicted. This evidence was direct and positive, and if sufficiently corroborated, as required by Revision, section 4102, would support the verdict'. This statute is in the words following, viz.: A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.”
In our opinion, there was an utter failure of such evidence in corroboi’ation of the accomplice, as tended to connect the defendants with the commission of the offense. Most of the acts and declarations of the defendants, introduced for that purpose, rather tend in the other direction, if they have any significance at all; others, relied upon by the prosecution, were quite as consistent with defendant’s
The judgments of the district court is reversed, and the causes are remanded.
Reversed.