What is the legal test for an accomplice in a criminal case?

California, United States of America


The following excerpt is from People v. Nanez, F064574 (Cal. App. 2014):

"When a jury receives substantial evidence that a witness who has implicated the defendant was an accomplice, a trial court on its own motion must instruct it on the principles regarding accomplice testimony. [Citation.] This includes instructing the jury that an accomplice's testimony implicating the defendant must be viewed with caution and corroborated by other evidence. [Citations.]" (People v. Houston (2012) 54 Cal.4th 1186, 1223.) An accomplice is "one who is liable for prosecution for the identical offense charged against the defendant" as an aider and abettor or as part of a conspiracy. ( 1111, italics added; People v. Houston, supra, at p. 1224.) An accomplice must have guilty knowledge and intent with regard to the commission of the crime. (Ibid.)

Other Questions


Can a prosecutor present a criminal case premised on a legally incorrect legal theory to the jury? (California, United States of America)
What is the legal test for corroborating testimony of an accomplice in a criminal case? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
What is the legal test for discovery of a person who has been found guilty of a criminal offence in a criminal case? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the legal test for a no contest plea in a criminal case? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
What is the legal test for disclosing the identity of a confidential informant in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.