OUJI-CR 9-28

EVIDENCE - CORROBORATING EVIDENCE

NEEDED FOR ACCOMPLICE TESTIMONY

Evidence corroborative of the testimony of an accomplice need not directly connect the defendant with the commission of the crime. It is sufficient if it tends to connect the defendant with its commission. This corroborating evidence, however, must show more than the mere commission of the offense or the circumstances thereof. Such evidence need not be direct, but may be entirely circumstantial.

It is not essential that the corroborating evidence, if any, cover every material point testified to by the accomplice, or that it be sufficient, standing alone, to establish the fact of the commission of the crime charged. It is sufficient corroboration if you, in your discretion, find from the evidence, beyond a reasonable doubt, that the testimony of the accomplice is corroborated as to some material fact or facts by independent evidence tending to connect the defendant with the commission of the crime. If the testimony of an accomplice is so corroborated, you shall give his/her testimony such weight and credit as you find it is entitled to receive.

(2000 Supp.)