What is the effect of section 1111 of the California Penal Code on the testimony of an accomplice?

California, United States of America


The following excerpt is from People v. Romero, 191 Cal.Rptr.3d 855, 354 P.3d 983, 62 Cal.4th 1 (Cal. 2015):

As originally enacted in 1872, section 1111 provided: A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof. (Ann. Pen.Code (1872) p. 390.) A note following section 1111 in the annotated Penal Code cites and quotes from People v. Ames (1870) 39 Cal. 403. In Ames, the robbers were disguised and used numbers during the robbery to refer to one another. (Id. at pp. 403404 ) At one point a robber was referred to as Charley and the speaker immediately substituted the term Number

[62 Cal.4th 37]

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