Is a court's failure to instruct on accomplice liability under section 1111 harmless?

California, United States of America


The following excerpt is from People v. Rodriguez, F065807 (Cal. App. 2015):

"A trial court's failure to instruct on accomplice liability under [Penal Code] section 1111 is harmless if there is sufficient corroborating evidence in the record. [Citation.] 'Corroborating evidence may be slight, may be entirely circumstantial, and need not be sufficient to establish every element of the charged offense. [Citations.]' [Citation.] The evidence 'is sufficient if it tends to connect the defendant with the crime in such a way as to satisfy the jury that the accomplice is telling the truth.'" (People v. Lewis (2001) 26 Cal.4th 334, 370.)

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