Is an accessory after the fact a principal in the crime?

California, United States of America


The following excerpt is from People v. Ortiz, H039152 (Cal. App. 2015):

Section 1111 provides that 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." 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." ( 1111.) "A witness is liable to prosecution within the meaning of section 1111 if he or she is a principal in the crime." (People v. Hinton (2006) 37 Cal.4th 839, 879.) A principal includes those who "directly commit the act constituting the offense" and those who "aid and abet in its commission." ( 31.) An accessory after the fact ( 32, 33) is not a principal and therefore not an accomplice. (People v. Balderas (1985) 41 Cal.3d 144, 193-194, fn. 22.)

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