Proposed Jury Instruction for Accomplice

NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).

ACCOMPLICE 


__________ INSTRUCTION NO. _____

    An accomplice is a person who knowingly and with criminal intent participates directly or indirectly with another (other) person(s) in the commission of a crime.
    The witness ______________________________ claims to have been an accomplice of the Defendant in the crime charged in the Indictment (Information).
    The testimony of an accomplice is admissible in evidence, yet in considering such testimony, as to matters connecting the Defendant with the commission of the crime which are not supported by other evidence and circumstances, you should examine such testimony with great care and caution in determining what weight you give thereto.
    You may, however, find the Defendant(s) guilty on the evidence of an accomplice standing alone and not supported by any other evidence if you are convinced by such evidence of the Defendant(s) guilt beyond all reasonable doubt.

COMMENT

ACCOMPLICE

1.     State v. Hall, 172 W.Va. 138, 304 S.E. 2d 43 (1983) appeal after remand 174 W.Va. 787, 329 S.E. 2d 860 (1983). The defendant is entitled to this cautionary instruction only if the accomplice's testimony is uncorroborated.
2.     State v. Smith, 178 W.Va. 104, 358 S.E. 2d 188 (1987). This instruction is not given where the testimony of the accomplice is corroborated.