California, United States of America
The following excerpt is from People v. Hoyt, 257 Cal.Rptr.3d 784, 456 P.3d 933, 8 Cal.5th 892 (Cal. 2020):
"A court must instruct on the need for corroboration only for accomplice testimony ( [Pen. Code,] 1111 ); " testimony within the meaning of ... [Penal Code] section 1111 includes all oral statements made by an accomplice or coconspirator under oath in a court proceeding and all out-of-court statements of accomplices and coconspirators used as substantive evidence of guilt which are made under suspect circumstances." " ( People v. Williams , supra , 16 Cal.4th at p. 682, 66 Cal.Rptr.2d 573, 941 P.2d 752.) " The most obvious suspect circumstances occur when the accomplice has been arrested or is questioned by the police.
[456 P.3d 978]
[Citation.] On the other hand, when the out-of-court statements are not given under suspect circumstances, those statements do not qualify as "testimony" and hence need not be corroborated under ... section 1111. " ( People v. Williams (1997) 16 Cal.4th 153, 245, 66 Cal.Rptr.2d 123, 940 P.2d 710.)
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