What is the test for determining whether a witness is an accomplice in a sexual assault case?
California, United States of America
The following excerpt is from People v. Parks-Burns, D059348 (Cal. App. 2013):
"Any issues of fact determinative of the witness's factual guilt of the offense must be submitted to the jury. Only when such facts are clear and undisputed may the court determine that the witness is or is not an accomplice as a matter of law." (People v. Rodriguez (1986) 42 Cal.3d 730, 759.)
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