CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...
Hearsay Exceptions re Statements
......
Prior Inconsistent Statements
.........Accomplice Inconsistency Insufficient
5 Cards On This Topic:
To be sufficient to convict, testimony of accomplice must be corroborated to connect D with crime.
Accomplice's extrajudicial statement is not "testimony" within meaning of Pen. Code §1111, therefore does not need corroboration.
Accomplice's out-of-court, prior inconsistent statement must be corroborated in order to be basis for conviction.
Independent evidence Ds were later in possession of jewelry stolen during robbery was sufficient to corroborate accomplice's testimony.
Error to give cautionary accomplice instruction re co-defendant's testimony when co-defendant testifies in own behalf (unless testifying co-defendant incriminates self).