19 Or. 213 | Or. | 1890
delivered the opinion of the court.
The question raised is, whether the testimony of the accomplice Beal was sufficiently corroborated to sustain the verdict and. judgment. The testimony of the accomplice is full, stating the circumstances in detail unde? which he and the defendant, on the night charged, stole
In the case at bar, the defendant and his accomplice are not only found together at an out-of-the-way place, where they could have no business, and would not likely be without some previous arrangement between them, but it is at the time and place from which the cow was stolen. Nor is this all. The facts show that Frank Beal, the brother of the accomplice, lived near the pasture from which the cow was stolen, which, perhaps, might furnish some excuse under some circumstances for the presence of Jed Beal in that vicinity; but that his accomplice did not take the defendant in the house when he first came, but that a little later he left the house and came back with the defendant, whom he introduced under an assumed name. They are thus not only together at an unusual hour and place in the vicinity of the place from which the cow was stolen, but they have advanced with the precaution of finding out that there is no one at the house but Stencil, to whom the defendant is introduced under a false name. Why masque his identity under a false name at such a place, under the circumstances, unless for the purpose of concealment, or to avoid the discovery of some contemplated act? He could furnish no excuse for being where he was under an alias, and if it be conceded that his accomplice, under some circumstances, may have had one by reason of his brother living near the place where the cow was stolen, it is utterly destroyed by his conduct in the premises, which indicates a formed design to mislead as to the defendant, and of which the defendant was cognizant, and concerning which he understood the purpose to be served thereby. Taking these facts together, do they not tend to show that the defendant and his accomplice were at the place where the larceny of the cow was committed by concert between them, formed in furtherance of a common purpose; and that their conduct at the time was characterized by devices