OUJI-CR 9-33

EVIDENCE - USE OF COCONSPIRATOR TESTIMONY

NO INSTRUCTION SHOULD BE GIVEN

Committee Comments

In Pink v. State, 2004 OK CR 37, ¶ 28, 104 P.3d 584 , 593, the Oklahoma Court of Criminal Appeals decided that the independent corroboration requirement for accomplice testimony does not apply to coconspirator testimony, and it directed that this instruction as well as OUJI-CR 9-35 through 9-39 were erroneous and should not be used. Independent corroboration is still required, however, if the alleged coconspirator’s testimony was the testimony of an accomplice. For the instruction for corroboration of accomplice testimony, see OUJI-CR 9-32, supra. The Court also ruled that OUJI-CR 9-34 was unnecessary.

(2008 Supp.)