Does Section 1111 of the California Criminal Code apply to determine whether a witness is an accomplice?

California, United States of America


The following excerpt is from People v. Brown, 3 Cal.Rptr.3d 145, 31 Cal.4th 518, 73 P.3d 1137 (Cal. 2003):

We disagree. "Whether a person is an accomplice within the meaning of section 1111 presents a factual question for the jury `unless the evidence permits only a single inference.' [Citation.] Thus, a court can decide as a matter of law whether a witness is or is not an accomplice only when the facts regarding the witness's criminal culpability are `clear and undisputed.'" (People v. Williams, supra, 16 Cal.4th at p. 679, 66 Cal.Rptr.2d 573, 941 P.2d 752.)

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