What is the test for a "Aider and abettor" of a murder charge?

California, United States of America


The following excerpt is from People v. Childress, B238241 (Cal. App. 2013):

purpose of the perpetrator; and [with] (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime." (People v. Beeman (1984) 35 Cal.3d 547, 561.)

"[W]hen the charged offense and the intended offense . . . are the same, i.e., when guilt does not depend on the natural and probable consequences doctrine, . . . the aider and abettor must know and share the murderous intent of the actual perpetrator." (People v. McCoy (2001) 25 Cal.4th 1111, 1118; see also People v. Smith (2005) 37 Cal.4th 733, 739.)

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