What is the test for a jury to convict each of the accused in a sexual assault case?

The jury was properly instructed that it might find each of the appellants guilty of the criminal acts of the others if it found either that a criminal conspiracy existed, or that each of the appellants had aided and abetted the others. An examination of the record supports either theory. In People v. Mummert (1943) 57 Cal.App.2d 849, 855, 135 P.2d 665, 668 (disapproved on other grounds in People v. Collins (1960) 54 Cal.2d 57, 59-60, 4 Cal.Rptr. 158, 351 P.2d 326), the court stated, 'At the time of the rape by each of the men the other three stood near by and abetted the perpetrator by presenting a show of force and by keeping watch against intrusion. As each without

Page 637