230 F.2d 605 - Doherty v. United States — 230 F.2d 605

How this case has been cited

Cited by 22 later decisions — most recently July 1972

22 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Alfred J. Hennessy, San Francisco, Cal., for appellant.

¶2Lloyd H. Burke, U. S. Atty., John H. Riordan, Jr., Asst. U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellee.

¶3Before HEALY and LEMMON, Circuit Judges, and MATHES, District. Judge.

¶4PER CURIAM.

¶5This 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.

¶6In 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.

¶7It 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.

¶8The judgment of the district court is affirmed.