Does an aiding and abetting instruction need to include reference to an act?
California, United States of America
The following excerpt is from People v. Eshaya, F066694 (Cal. App. 2014):
The law requires an aiding and abetting instruction to include language informing the jury a person aids and abets when the person, "by act or advice aids, promotes, encourages or instigates, the commission of the crime." (People v. Beeman (1984) 35 Cal.3d 547, 561.) CALCRIM No. 400 does not include reference to an act. CALCRIM No. 1702 addresses knowledge and intent, rather than the requirement of an act.
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