Can an accomplice be convicted of a similar crime?

California, United States of America


The following excerpt is from People v. Schuck, B223588 (Cal. App. 2012):

"A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof." ( 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' [and who has] '"guilty knowledge and intent with regard to the commission of the crime."' [Citations.]" (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 302 (Gonzales).)

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