What is the test for establishing that presence alone at the scene of the crime is not sufficient to make the accused a participant?
California, United States of America
The following excerpt is from People v. Prysock, 127 Cal.App.3d 972, 180 Cal.Rptr. 15 (Cal. App. 1982):
15 As noted ante, "mere presence alone at the scene of the crime is not sufficient to make the accused a participant, and while he is not necessarily guilty if he does not attempt to prevent the crime through fear, such factors may be circumstances that can be considered by the jury with the other evidence in passing on his guilt or innocence." (People v. Durham (1969) 70 Cal.2d 171, 181, 74 Cal.Rptr. 262, 449 P.2d 198.)
16 The portions of the following excerpts which are underscored indicate the language complained of by appellant:
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