Ash v. State

OPINION

Hervey, J.

delivered the unanimous opinion of the Court.

The issue in this case is whether the court of appeals- erred when it held that a witness cannot be an accomplice as a matter of law unless the witness is charged with the same offense as the defendant or a lesser-included offense. We conclude that it did err in so holding, but we nonetheless affirm its judgment.

BACKGROUND

Officer Josh Tulloch initiated a traffic stop after observing a Suburban driving with “its high beams on.” When he approached the vehicle, he saw five people in the car and could smell the odor of burnt marijuana…