What is the test for a defendant to be found guilty of assisting and abetting murder?

California, United States of America


The following excerpt is from People v. Silva, F064330 (Cal. App. 2014):

Permitting aider and abettor liability to be predicated on intent formed after the murder was completed constitutes an invalid legal theory. Such an error generally requires reversal, "absent a basis in the record to find that the verdict was actually based on a valid ground." (People v. Guiton (1993) 4 Cal.4th 1116, 1129, fn. omitted.) Had the issue before the jury been whether defendant directly aided and abetted murder, the rule of reversal might well apply here.23

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