JOHN DOHERTY, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that corroboration of accomplice testimony is not required in federal courts.
The defendant was convicted in a narcotics case based on the testimony of an accomplice. The defendant appealed, arguing that the testimony lacked cor…
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PER CURIAM.
This appeal from a judgment of conviction in a narcotics case, 21 U.S.C. § 174, is predicated upon the assumption that the California rule declining to-credit testimony of an accomplice, unless corroborated, is applicable in the Federal courts. Cal.Penal Code, § 1111; People v. Dail, 1943, 22 Cal.2d 642, 140 P. 2d 828.
In the exercise of supervisory authority over rules governing the admissibility of evidence in federal criminal trials, McNabb v. United States, 1943, 318 U.S. 332, 341, 63 S.Ct. 608, 87 L.Ed. 819, the Supreme Court has held that corroboration is not essential. Caminetti v. United States, 1917, 242 U.S. 470, 495, 37 S.Ct. 192, 61 L.Ed. 442; Holmgren v. United States, 1910, 217 U.S. 509, 523-524, 30 S.Ct. 588, 54 L.Ed. 861; cf. Krulewitch v. United States, 1949, 336 U.S. 440, 454, 69 S.Ct. 716, 93 L.Ed. 790.
It is settled in this circuit that, while received with caution and weighed with great care, the uncorroborated testimony of an accomplice is to be accorded whatever credibility the trier of fact, may think it deserves. Catrino v. United States, 9 Cir., 1949, 176 F. 2d 884, 889; Todorow v. United States, 9 Cir., 173 F. 2d 439, 444 certiorari denied, 1949, 337 U.S. 925, 69 S.Ct. 1169, 93 L.Ed. 1733.
The judgment of the district court is affirmed.
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Citator
Cited By
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United States v. Hibler, 463 F.2d 455 (9th Cir. 1972)
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Audett v. United States, 265 F.2d 837 (9th Cir. 1959)
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Channel v. United States, 285 F.2d 217 (9th Cir. 1960)
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McNABB v. United States, 318 U.S. 332 (U.S. 1943)
- Caminetti v. United States, 242 U.S. 470 (U.S. 1917)
- Krulewitch v. United States, 336 U.S. 440 (U.S. 1949)
- Holmgren v. United States, 217 U.S. 509 (U.S. 1910)
- Todorow v. United States, 173 F.2d 439 (9th Cir. 1949)
- Catrino v. United States, 176 F.2d 884 (9th Cir. 1949)
- Todorow v. United States, 337 U.S. 925 (U.S. 1949)
- Gibson v. Reynolds, 337 U.S. 925 (U.S. 1949)