What is the test for determining whether a witness is an accomplice?
California, United States of America
The following excerpt is from People v. Cruz-Santos, A139860 (Cal. App. 2015):
"Unless there can be no dispute concerning the evidence or the inferences to be drawn from the evidence, whether a witness is an accomplice is a question for the jury. On the other hand, the court should instruct the jury that a witness is an accomplice as a matter of law when the facts establishing the witness's status as an accomplice are ' " 'clear and undisputed.' " ' [Citations.]" (People v. Williams (2008) 43 Cal.4th 584, 635-636.)
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