People v. Fane

This case presents question as to whether trial court properly gave to jury accomplice instruction that told jury to review witness’ testimony with caution, where witness indicated that he had participated in charged offense. Appellate Court, in reversing defendant’s conviction on home invasion, residential burglary and battery charges, found that said instruction was given in error, since witness’ testimony exculpated, rather than inculpated defendant. In its petition for leave to appeal, govt. contended that accomplice witnesses are subject to same scrutiny regardless of whether witness was called by State or defendant.