Defendant's jury instructions (refused)

Refused

20

Object

An accomplice is one who aids in the commission of a crime, and when he consents to be a witness, and testifies to his own part in it, as well as that of the prisoner at the bar, the jury alone are to decide how much weight his testimony shall have; but it is the duty of the court to caution the jury to consider the relation of the witness to the crime, and the turpitude of his confessed conduct; and to weigh well the consideration that if he has been guilty of the crime stated in his testimony, he may not possess those moral qualities that can give any assurance of the truth of his statements as a witness.

Refused.

21

Object

Though the credibility of P. Klingensmith is solely for the jury to decide, yet the jury should not convict on his uncorrobrated testimony; and such corroboration should be in facts tending to establish the guilt of the defendant: that when several persons are jointly indicted and the accomplice is corroborated as to some of them, although the jury may give credit to him as to those to whom the corroboration applies, they ought to pay no attention to the evidences of an accomplice as to those against whom there is no corroboration. The rule is the same when there are several accomplices. If there is no other testimony connecting defendant with the crime, than that of accomplices the jury ought not to convict.

first

Refused

Objected to.

Although the jury should weigh carefully and scan closely the testimony of accomplices - although uncorroborated it may be taken by the jury, and if the same is believed they may act upon it.

2

Objected to.

Refused.

In a criminal case the jury cannot find a verdict of guilty upon the unsupported evidence of accomplices in the commission of the crime.

No. 31

51.

In 2nd Dist. Court of Utah Territory.

The People Etc. vs. John D. Lee Impleaded

2 Instructions of Defense & Prosecution Refused.