California, United States of America
The following excerpt is from People v. Brigham, 216 Cal.App.3d 1039, 265 Cal.Rptr. 486 (Cal. App. 1989):
5 State v. Tally (1893) 102 Ala. 25, 15 So. 722 provides the classic example of the unusual situation in which, because the element of agreement was missing, an aiding and abetting did not also involve a conspiracy. In Tally, the defendant instructed a telegraph operator not to deliver a telegram which had been sent to warn the victim of an intended killing. The warning telegram was not sent and the victim was killed; the defendant was liable as an accomplice despite the fact that the killers had no knowledge of his effort to help them. See also, People v. Villa (1957) 156 Cal.App.2d 128, 318 P.2d 828, discussed, post, at p. 493.
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