State v. Shaw

Defendant appeals from a conviction for burglary in the first degree. He assigns as error the trial court’s refusal to give a requested jury instruction relating to determining whether a witness is an accomplice whose testimony must be corroborated under ORS 136.440. We affirm.

While “cruising” together one summer evening in Eugene, defendant and three companions became more or less involved in a burglary. The companions all testified at defendant’s trial. The trial court determined that one companion was an accomplice as a matter of law but left it to the jury to decide the status of the…