What is the test for a jury to determine whether an accomplice is liable under section 1111 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Elizalde, A132071 (Cal. App. 2013):

Even if the trial court did err in putting the accomplice question to the jury, "[a] trial court's failure to instruct on accomplice liability under 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. [Citation.]" (People v. Lewis (2001) 26 Cal.4th 334, 370.)

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