EVIDENCE - DETERMINATION OF ACCOMPLICE STATUS BY JURY
As to the witness, [Name of Witness], you are instructed that you are to determine whether or not he/she is an accomplice to the crime of which the defendant here stands charged. If you determine that he/she is an accomplice, you cannot convict the defendant upon the testimony of [Name of Witness], unless you find that his/her testimony is corroborated as provided in these instructions.
The trial court should be aware that the Court of Criminal Appeals decided in Matthews v. State, 1997 OK CR 3, ¶ 20, 953 P.2d 336, 343, that a defendant was entitled to an instruction requiring corroboration of the testimony of a witness who was an accomplice in a crime other than that for which the defendant was being tried. The test for determining whether a witness is an accomplice is whether the witness and defendant both could be indicted for the same offense. Id.; Carter v. State, 1994 OK CR 49, ¶ 29, 879 P.2d 1234, 1246, cert. denied, 513 U.S. 1172 (1995).
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
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