What is the test for direct aiding and abetting in a murder case?

California, United States of America


The following excerpt is from People v. Martinez, D077998 (Cal. App. 2021):

Under the direct aiding and abetting theory, an aider and abettor's mental state must be at least that required of the direct perpetrator. To prove that a defendant is an accomplice... the prosecution must show that the defendant acted with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, or of encouraging or facilitating commission of, the offense.' (People v. McCoy, supra, 25 Cal.4th at p. 1118.) It follows that to aid and abet an implied malice murder, the direct aider and abettor must intentionally commit, encourage, or facilitate life-endangering conduct with knowledge of the perpetrator's purpose and conscious disregard for life. (Id. at p. 1118 & fn. 1.)

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