• 2010 - Testimony of Accomplice Must be Corroborated
  • K-2.25
    • Accomplices And Accessories
    • Corroboration
    • Criminal Conspiracy
    • Evidence
    • Witnesses
    • Introductory Instructions - Special Situations
    • Introductory Instructions - Special Situations
  • A Defendant cannot be found guilty based on the testimony of an accomplice unless that testimony is corroborated by other evidence tending to connect the Defendant with the commission of the offense. Corroboration is not sufficient if it merely shows the offense was committed or the circumstances of committing the offense.

     

    You must be satisfied that there is some evidence, either direct or circumstantial, aside from the testimony of the accomplice, from which you may infer not only that the crime charged was committed, but that the Defendant was implicated in it. The corroborating evidence need not extend to every material point of the accomplice’s testimony nor be sufficient in itself to support a conviction.

     

    The sufficiency of the corroborating evidence is for you to determine. If the testimony of an accomplice is corroborated, you have a right to consider all of that testimony the same as any other testimony in the case.

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    • 12.1-03-01
    • 12.1-04-02
    • 29-21-14
    • 12.1-04-02
    • Froh v. Hein, 39 NW2d 11 (ND 1949)
    • In re J.K., 2009 ND 46, 763 NW2d 507
    • State v. Esparza, 1998 ND 13, 575 NW2d 203
    • State v. Fraser, 2000 ND 53, 608NW2d 244
    • State v. Marshall, 531 NW2d 284 (ND 1995)
    • State v. Powell, 73 NW2d 777 (ND 1955)
    • State v. Smith, 238 NW2d 662 (ND 1976)
    • State v. Thoreson, 264 NW2d 441 (ND 1978)
  • Notes: