People v. Jenner

Order reversed and a new trial ordered in the following memorandum : Defendant’s conviction for conspiracy to sell dangerous drugs to a minor was based in part on testimony of codefendants named in the conspiracy indictment. Given the naming of the witnesses as coconspirators and defendants in the indictment, and emphasized by the evidence in the record connecting the codefendants with the conspiracy, the Trial Judge should havejnstructed the jury that the codefendants were accomplices as a matter of law and that, therefore, the defendant could not be convicted on their testimony without…