What is the test for determining whether a witness implicates a defendant was an accomplice?

California, United States of America


The following excerpt is from People v. Dunson, E056565 (Cal. App. 2015):

sufficient to warrant the conclusion upon the part of the jury that a witness implicating a defendant was an accomplice,"' the trial court must instruct the jury, sua sponte, to determine whether the witness was an accomplice. [Citation.] If the testimony establishes that the witness was an accomplice as a matter of law, the jury must be so instructed. [Citation.] In either case, the trial court also must instruct the jury, sua sponte, '(1) that the testimony of the accomplice witness is to be viewed with distrust [citations], and (2) that the defendant cannot be convicted on the basis of the accomplice's testimony unless it is corroborated . . . .' [Citation.]" (People v. Zapien (1993) 4 Cal.4th 929, 982.)

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