90 Iowa 493 | Iowa | 1894
I. The state called ThomasHealy, who testified that he was engaged in the hardware business
II. Spencer G-ile having been examined as a witness on behalf of the state, the court instructed the jury that he “is what is known as an accomplice, according to his own testimony,” and further instructed as follows: “Under the laws of this state, a person can not be convicted upon the testimony of an accomplice, unless he be corroborated by such other evidence in the case 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 circumstances thereof.” The instruction is
III. Appellant’s further contention is that there is no evidence tending to connect the defendant with the commission of the offense, except that of the accomplice G-ile, and that there is not sufficient corroboration of the accomplice bo warrant a conviction. It is unnecessary that we here discuss the evidence. It is sufficient to say that, in our opinion, there was an abundant corroboration of the witness G-ile tending to connect the defendant with the commission of the offense. We may mention, among the corroborating circumstances, the fact that appellant and Gile were seen together in the vicinity of the car about the time when the offense was committed, and that they were afterward together, selling knives, such as were purchased by Mr. Healy, at less than their value. It is argued that the instructions tend to confuse the jury as .to the law. We find the instructions to contain a full and fair presentation of the law applicable to the case, and quite as favorable to the defendant as he was entitled to have them. Finding no errors in the record, the judgment of the district court is aeeirmed.