What is the test for a defendant to prove that he was a driver of the getaway car at the time of the crime?

California, United States of America


The following excerpt is from People v. Silva, 143 Cal.App.2d 162, 300 P.2d 25 (Cal. App. 1956):

The admission of appellant placed him at the scene as the driver of the getaway car. The question of whether or not a person who was present at the time and place of the commission of a crime has aided and abetted therein is one of fact for the trier of fact to decide from all of the circumstances proved. People v. Wilson, supra, 93 Cal.App. 632, 636, 269 P. 951.

We believe that the case of People v. Acosta, 45 Cal.2d 538, 290 P.2d 1, disposes of appellant's contention that the plaintiff was bound by the testimony concerning appellant's explanation of his activities on the night in question. The court, in the case cited, said, 45 Cal.2d at pages 542-543, 290 P.2d at page 4:

Other Questions


Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
When a defendant is charged with a similar crime to the charged crime, does the prior offence have to be proven to prove a common plan? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
Does a defendant have to prove that a witness has committed a crime in order to prove otherwise? (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)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged 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.