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).