What is the test for direct and abetting in a murder case?
California, United States of America
The following excerpt is from Ortega v. Superior Court, 253 Cal.Rptr.3d 86 (Cal. App. 2019):
4 When a conviction is based on this type of "direct" aiding and abetting, the degree of the murder will be dependent on the defendant's own personal mental state, and may be either greater or lesser than the degree of the murder committed by the perpetrator. (McCoy , supra , 25 Cal.4th at p. 1122, 108 Cal.Rptr.2d 188, 24 P.3d 1210 ; People v. Loza (2012) 207 Cal.App.4th 332, 351352, 143 Cal.Rptr.3d 355.)
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