What is the test for assisting and abetting a murder?

California, United States of America


The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 461, 364 P.3d 359, 62 Cal.4th 600 (Cal. 2016):

The record also contains ample evidence that defendant aided and abetted the killing. "[A] person aids and abets the commission of a crime when he or she, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages, or instigates, the commission of the crime." (People v. Beeman (1984) 35 Cal.3d 547, 561, 199 Cal.Rptr. 60, 674 P.2d 1318 ; accord, People v. Prettyman (1996) 14 Cal.4th 248, 259, 58 Cal.Rptr.2d 827, 926 P.2d 1013.)

Other Questions


Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Is there any case law where a prosecution error or ineffective assistance contributed to a jury finding a defendant guilty of attempted murder on an aiding and abetting or conspiracy theory? (California, United States of America)
What are the requirements for assisting and abetting the commission of first degree murder? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
What is the test for assisting and abetting a murder? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
Can a defendant who aided and abetted a crime, the natural and probable consequence of which was murder, be convicted of the resulting murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.