Kunkle v. State

Because the majority opinion erroneously holds that Tom Sauls was not an accomplice witness as a matter of law and further erroneously rejects the complaints of Troy Kunkle, hereinafter referred to as the appellant, that relate to the jury charge, I am compelled to dissent.

It is now axiomatic that an “accomplice” is usually defined as a person who, as a party, was connected with the crime for which the accused is on trial. His connection may be by unlawful act or omission on his part. His complicity may be shown by acts of commission or omission transpiring either before, at the time of, or…