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:
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