What is the test for an aider and abettor in a murder case?

California, United States of America


The following excerpt is from People v. Honest, B242979 (Cal. App. 2014):

To prove a defendant is an aider and abettor, the prosecution must demonstrate that the person acted with knowledge of the criminal purpose of the perpetrator; with an intent or purpose either of committing or encouraging or facilitating the commission of the crime; and by act or advice, aided, promoted, encouraged, or instigated the commission of the crime. (People v. McCoy (2001) 25 Cal.4th 1111, 1118; see also CALCRIM No. 3.01.) When the offense charged is a specific intent crime, like second

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degree murder, the accomplice must share the specific intent of the perpetrator; this occurs when the aider and abettor knows "the full extent of the perpetrator's criminal purpose and give[s] aid or encouragement with the intent or purpose of facilitating the perpetrator's commission of the crime." (People v. Beeman (1984) 35 Cal.3d 547, 560.) Where the jury is not instructed on the natural and probable consequences doctrine, as in the present case, an aider and abettor of the intended murder "must know and share the murderous intent of the actual perpetrator." (People v. McCoy, supra, 25 Cal.4th at p. 1118.)

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