The following excerpt is from People v. Bliven, 112 N.Y. 79, 19 N.E. 638 (N.Y. 1889):
This question has been raised in some of the other states, where provisions somewhat similar to the section of our Penal Code have been in existence for some years. The case of People v. Outeveras, 48 Cal. 19, is one which arose under the California statute, which somewhat resembles ours. The prisoner was indicted for the crime of burglary in breaking and entering a dwellinghouse in the day-time, intending to commit larceny. The proof showed that the entry was made by another than the prisoner, but pursuant to an arrangement with him, and he being near by the house at the time of the entry, and aiding and abetting it. The facts showed that he might have been regarded as a principal in the second degree,-as one who stood by and aided and abetted the commission of the act. But the court regarded the question in the same manner as if the proof had shown that the prisoner was absent at the time of the commission of the act, but that he had counseled and procured its commission.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.