In what circumstances will the court allow the prosecution to enter into evidence photographs of the bodies of the victims at the crime scene?

Defendant contends the court erred by receiving into evidence certain photographs of the bodies of the victims at the crime scene offered by the prosecution apparently to show premeditation and deliberation or intent to kill. We have serious doubt whether the photographs were properly admitted. Some, which do not reveal the manner of death, appear to go only to the issue whether a human being had been killed. As such they seem relevant only on what in this case is a nonissue [742 P.2d 1325] and therefore should not have been received into evidence. (People v. Turner (1984) 37 Cal.3d 302, 320-321, 208 Cal.Rptr. 196, 690 P.2d 669.) The other photographs, which do reveal how the victims were killed, are indeed relevant. But they are also largely cumulative of expert and lay testimony regarding the cause of death, the crime scene, and the position of the bodies. In any event, whatever error may have been committed was harmless: the photographs, as defendant impliedly concedes, are not unduly gruesome and the evidence of guilt was overwhelming. (Id. at p. 321, 208 Cal.Rptr. 196, 690 P.2d 669.)

[43 Cal.3d 1138]

G. Accomplice Instructions