CASE LAW UPDATE: Whether an accomplice’s testimony must be corroborated?
Defendant was convicted of aiding and abetting 1st and 2nd degree murder. Defendant appealed. The Minnesota Supreme Court held that: (1) because the jury could have reasonably concluded that a testifying witness was defendant’s accomplice, and testimony given under oath in a court proceeding and admitted at trial as substantive evidence of defendant’s guilt was “testimony” under Minn. Stat. §634.04, the trial court erred by failing to given an accomplice corroboration instruction to the jury. However, the error did not affect defendant’s substantial rights. Affirmed.
State v. Davenport, A19-0358, St. Louis County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.