In what circumstances will the court interpret the testimony of accomplices as witnesses in a criminal case?

In Dail, the prosecution called several accomplices as witnesses against the defendant. The trial court gave an instruction in accordance with former section 2061, subdivision 4, but also instructed "under the guise of comment" that the testimony of the accomplices must be judged " 'by the same standard as that of any other witness.' " (People v. Dail, supra, 22 Cal.2d at p. 656, 140 P.2d 828, italics in original.) We held that it erred thereby: "[A]n erroneous instruction upon the law cannot be deemed a justifiable comment on the evidence and credibility of a witness." (Id. at p. 657, 140 P.2d 828.)

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