California, United States of America
The following excerpt is from People v. Labeaux, B279218 (Cal. App. 2018):
"'If there is evidence from which the jury could find that a witness is an accomplice to the crime charged, the court must instruct the jury on accomplice testimony. [Citation.] But if the evidence is insufficient as a matter of law to support a finding that a witness is an accomplice, the trial court may make that determination and, in that situation, need not instruct the jury on accomplice testimony.' [Citation.]" (People v. Gonzales (2011) 52 Cal.4th 254, 302 (Gonzales).)
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