What is the burden of proving an informer to a jury?

Defendant bears the burden of showing the informer may be a material witness on the issue of defendant's guilt or innocence. (Theodor v. Superior Court (1972) 8 Cal.3d 77, 88, 104 Cal.Rptr. 226, 501 P.2d 234.) Where the evidence indicates the informer was an actual participant in the crime alleged or was a nonparticipating eyewitness to that offense, ipso facto [164 Cal.App.3d 836] it is held he would be a material witness on the issue of guilt and nondisclosure will deprive the defendant of a fair trial. The proximity in time and space of the informer's relationship to the alleged crime readily tips the scales against the

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