State v. Simmons

This case is before us on review of the Court of Appeals’ decision to reverse defendant Donald L. Simmons’ convictions of aggravated kidnapping and aggravated robbery because the trial court refused to give an accomplice instruction. See State v. Simmons, No. 91,659, unpublished opinion filed March 3,2006. Our consideration of the issue of whether reversible error occurred requires determination of whether one who is an accessory after the commission of a crime can be considered an accomplice and, more generally, whether under the facts of this case various witnesses were accomplices.

Our…