Montana Uncorroborated Testimony of Accomplice

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Multi-State
Control #:
US-00892
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Word; 
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Description

This is a sample jury instruction, whereby the court instructs the jury to regard certain testimony with hightened suspicion. Care must be taken that the language of the instruction is proper in your state and not subject to reversal on appeal.

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FAQ

Section 133 of the Indian Evidence Act says that an accomplice shall be a competent witness as against the accused person and a conviction the accused based on the testimony of an accomplice is valid even though it is not corroborated in material particulars.

The term Accomplice first appears in section 114 illustration (b) under the Indian Evidence Act 1872 which says that An accomplice is unworthy of credit unless he is corroborated in material particulars and subsequently again in section 133 of the Indian Evidence Act, 1872 it defines Accomplice shall be a competent ...

An ?accomplice? means a witness in a criminal action who, ing to evidence adduced in such action, may reasonably be considered to have participated in: (a) The offense charged; or (b) An offense based upon the same or some of the same facts or conduct which constitute the offense charged. 3.

Competency of Accomplice as Witness: An accomplice is a competent witness provided he is not a co accused under trial in the same case. But such competency which has been conferred on him by a process of law does not divest him of the character of an accused.

Categories of Accomplice: Principal offender of First Degree and Second Degree: The principal offender of first degree is a person who actually commits the crime. The principal offender of the second degree is a person who either abets or aids the commission of the crime.

"A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime."

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Montana Uncorroborated Testimony of Accomplice