Does a jury have a duty to determine whether a witness is an accomplice?
California, United States of America
The following excerpt is from People v. Rodriguez, E054701 (Cal. App. 2013):
A trial court has a sua sponte duty to instruct the jury to determine whether the witness is an accomplice whenever trial testimony is sufficient to warrant the conclusion that a witness implicating the defendant is an accomplice. (People v. Richardson (2008) 43 Cal.4th 959, 1024.) Here, defendant contends that the evidence warranted such an instruction. We reject the contention that the jury should have been instructed to
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