When an accomplice is called as a witness by the prosecution, is the jury required to distrust the testimony of their accomplice's testimony?

California, United States of America


The following excerpt is from People v. Provencio, 210 Cal.App.3d 290, 258 Cal.Rptr. 330 (Cal. App. 1989):

"The law on this question is clear. When an accomplice is called as a witness by the prosecution, the court must instruct the jurors sua sponte to distrust [an accomplice's] testimony. [Citations.] When, by contrast, he is called by the defendant, the instruction should be given only at the defendant's request. [Citations.] Finally, when he is called by both parties, the instruction should be tailored to relate only to his testimony on behalf of the prosecution. [Citations.]" (People v. Williams (1988) 45 Cal.3d 1268, 1314, 248 Cal.Rptr. 834, 756 P.2d 221.)

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