What is the test for charging a witness with an identical offense?

California, United States of America


The following excerpt is from People v. Woods, D069451 (Cal. App. 2016):

For a witness to be chargeable with an "identical offense" for purposes of determining whether the witness is an accomplice within the meaning of section 1111, he or she "must be considered a principal under section 31." (People v. Lewis (2001) 26 Cal.4th 334, 368-369, fn. omitted.) Section 31 defines principals as "[a]ll persons

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