What is the test for determining whether a witness is an accomplice under section 1111 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Bowen, A132356 (Cal. App. 2014):
"Whether a person is an accomplice within the meaning of section 1111 is a factual question for the jury to determine in all cases unless ' "there is no dispute as to either the facts or the inferences to be drawn therefrom." ' " (People v. Avila (2006) 38 Cal.4th 491, 565.) A trial court should instruct the jury that a witness is an accomplice as a matter of law only when the facts establishing that witness's status are clear and
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