Can a principal be charged as a principal in a criminal case?

California, United States of America


The following excerpt is from People v. Bohmer, 120 Cal.Rptr. 136, 46 Cal.App.3d 185 (Cal. App. 1975):

Under Penal Code section 971, one who advises and encourages the commission of a crime may be charged as a principal. (People v. Nolan, 144 Cal. 75, 79, 77 P. 774.)

The words 'and did aid, promote, encourage and instigate each other in the commission of said act' in the indictment are surplusage. (People v. Desmond, 24 Cal.App. 408, 410--411, 141 P. 632.)

In California:

'(T)he distinction existing at common law between [46 Cal.App.3d 201] principals of the first and second degree is abolished; and the distinction between them and accessories Before the fact is also abolished, so far as such distinction is capable of abolition. Persons standing by and aiding, abetting, or assisting, and persons not present who have advised and encouraged the perpetration of the crime, are designated as accessories, 'and shall be deemed and considered,' says the statute, 'as principals, and punished accordingly.' As principals, they may be indicted and tried together, or separately, and either may be convicted or acquitted without reference to the previous conviction or acquittal of the other.' (People v. Bearss, 10 Cal. 68, 69.)

Other Questions


What is the test for a witness to be charged as a principal or a principal in a criminal case? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
Does a new criminal conviction for a charge of possession of a drug with intent to commit a criminal offence violate subdivision (e) of the Criminal Code? (California, United States of America)
Is there any case law where a defendant has been found guilty of a charge under section 1109 of the California Criminal Code of Civil Procedure for domestic violence prior to the charge being brought against him? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Is evidence of criminal activity not charged in a criminal case admissible? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.