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People v. Smith

There is no corroboration requirement with respect to exculpatory accomplice testimony.

The trial court erred by instructing the jury that any testimony from an accomplice requires corroborating evidence before the jury may accept it as true. The actual rule is that a jury may not convict a defendant of an offense based on accomplice testimony without corroborating evidence. There is no corroboration requirement with respect to exculpatory accomplice testimony.

____ Cal.App.5th ____, ____ Cal.Rptr.3d ____, 2017 D.A.R 5583 (4th Dist. 2017) June 09, 2017 (D069445)

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