California, United States of America
The following excerpt is from People v. Webster, D059430, D060193 (Cal. App. 2012):
A conviction cannot be based on an accomplice's testimony unless "other evidence tending to connect the defendant with the commission of the offense corroborates that testimony." (People v. McDermott (2002) 28 Cal.4th 946, 985-986; 1111.)
"Under section 1111, an accomplice is 'one who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.'" (People v. Lewis (2001) 26 Cal.4th 334, 368-369, quoting 1111, italics added.) "To be chargeable with an 'identical offense' [for purposes of determining whether a witness is an accomplice within the meaning of section 1111], a witness must be considered a principal under section 31."3 (People v. Lewis, at pp. 368-369, fn. omitted.) The term "accomplice" does not include an accessory. (People v. Boyer (2006) 38 Cal.4th 412, 467; see 32 [defining accessory as "[e]very person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or
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