State v. McBride

While I agree in substance with the majority opinion, my views differ on the nature of Williams’ testimony. In this case, Williams should have been deemed an accomplice as a matter of law. As stated in Lasley v. State, 287 P. 1055, 1056 (Okl.Cr.1930): “The test by which to determine whether a witness is an accomplice is to ascertain whether he could be indicted for the offense for which the accused is being tried.” See also Wood v. State, 341 P.2d 613 (Okl.Cr.1959). In Lasley, the witness was deemed not to be an accomplice where he did not participate in the larceny either by being present at…