Does overt assistance constitute the crime of being an accessory?

California, United States of America


The following excerpt is from People v. Elliott, 14 Cal.App.4th 1633, 18 Cal.Rptr.2d 426 (Cal. App. 1993):

9 This emphasis on identifying "overt assistance" as the substance of the crime of being an accessory is not inconsistent with the discussion in People v. Gunn (1987) 197 Cal.App.3d 408, at pages 415-416, 242 Cal.Rptr. 834, to the effect that one can be liable as an accessory to a felony based on a continuous course of conduct as opposed to a single, identifiable and agreed-upon act. All we are saying is that the activities of the accused, whether a single act or an entire course of conduct, must amount to overt assistance as opposed to mere incitement or encouragement.

Other Questions


What constitutes the crime of accessory to a crime? (California, United States of America)
Does the crime of being accessory to murder constitute a lesser included crime? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What is the test for an aider and abettor to be held responsible for assisting and assisting in the crime? (California, United States of America)
Can the actual killer be held liable as an accessory on the theory that he encouraged the murder victim to commit the crime after he had committed the crime? (California, United States of America)
Is the crime of conspiracy complete "when two or more persons agree to commit a crime and do some overt act in furtherance of the agreement"? (California, United States of America)
If a jury finds that a person sentenced to death for a crime committed while on death row has not been found guilty of the crime, does this constitute a miscarriage of justice? (California, United States of America)
What constitutes substantial evidence of intent to promote, further or assist a gang member in the commission of crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.