If the crime[s] of  ________________<insert charged crime[s]> (was/were) committed, then __________________ <insert name[s] of witness[es]> (was/were) [an] accomplice[s] to (that/those) crime[s].

You may not convict the defendant of______________ <insert

crime[s]> based on the (statement/ [or] testimony) of an accomplice alone. You may use the (statement]/ [or] testimony) of an accomplice to convict the defendant only if:

1.      The accomplice’s (statement/ [or] testimony) is supported by other evidence that you believe;

2.      That supporting evidence is independent of the accomplice’s (statement/ [or] testimony);

AND

3.      That supporting evidence tends to connect the defendant to the commission of the crime[s].

Supporting evidence, however, may be slight. It does not need to be enough, by itself, to prove that the defendant is guilty of the charged crime, and it does not need to support every fact (mentioned by the accomplice in the statement/ [or] about which the witness testified). On the other hand, it is not enough if the supporting evidence merely shows that a crime was committed or the circumstances of its commission. The supporting evidence must tend to connect the defendant to the commission of the crime.

[The evidence needed to support the (statement/ [or] testimony) of one accomplice cannot be provided by the (statement/ [or] testimony) of another accomplice.]

Any (statement/ [or] testimony) of an accomplice that tends to incriminate the defendant should be viewed with caution. You may not, however, arbitrarily disregard it. You should give that (statement/ [or] testimony) the weight you think it deserves after examining it with care and caution and in the light of all the other evidence.

107.

CALCRIM 335. Accomplice Testimony: No Dispute Whether Witness Is Accomplice-Page 107
CALCRIM 335. Accomplice Testimony: No Dispute Whether Witness Is Accomplice-Page 108
CALCRIM 335. Accomplice Testimony: No Dispute Whether Witness Is Accomplice-Page 109
CALCRIM 335. Accomplice Testimony: No Dispute Whether Witness Is Accomplice-Page 110

(Pub 1284)

Copyright 2008 Judicial Council of California. 

California Criminal Jury Instructions-CALCRIM-Table of Contents
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California Jury Instructions-CALCRIM-Vol. 1. General Instructions