Can a defendant be found guilty as an aider and abettor of a crime where no evidence directly placed a weapon in their hands?

California, United States of America


The following excerpt is from People v. Alvara, B253959 (Cal. App. 2015):

We first address defendants' premise that because no evidence directly placed a weapon in their hands, their liability was necessarily based upon a finding of aiding and abetting. Defendants cite People v. Samaniego (2009) 172 Cal.App.4th 1148, 1165-1166, as authority for this assertion. Although the defendants in that case were charged as aiders and abettors because the shooter was unknown, the court did not hold that a defendant may only be convicted as an aider and abettor unless the evidence establishes that he wielded the murder weapon.

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