Can a court instruct on aiding and abetting if the evidence warrants?
MultiRegion, United States of America
The following excerpt is from U.S. v. Batimana, 623 F.2d 1366 (9th Cir. 1980):
3 It is well-settled that courts may instruct on aiding and abetting, if the evidence warrants, even though this theory was not charged in the indictment. See United States v. Roselli, 432 F.2d 879, 895 n.27 (9th Cir. 1970), cert. denied, 401 U.S. 924, 91 S.Ct. 883, 27 L.Ed.2d 828 (1971).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts dealt with the first instruction and second instruction in a motion to deny an instruction? (MultiRegion, United States of America)
Can a jury instruct a jury on aiding and abetting in the light of the evidence introduced? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
Does a lesser included offense instruction need to be given only when the evidence warrants such a instruction? (MultiRegion, United States of America)
How has the court treated the argument that the court improperly attributed more weight to circumstantial evidence than to direct evidence? (MultiRegion, United States of America)
Is there error in the district court's denial of Defendant's motion to suppress evidence recovered in a search, pursuant to a search warrant, of Room 113 of the Hotel? (MultiRegion, United States of America)
How has the US Supreme Court interpreted the instruction that a finding of conspiracy against a defendant does not mandate acquittal of a defendant where there is evidence of other conspiracies? (MultiRegion, United States of America)
Does a district court errs when it rejects proposed jury instructions that are properly supported by the law and the evidence? (MultiRegion, United States of America)
What is the test for the purpose of instructing a jury to consider whether there is sufficient probative evidence of urgency to justify a jury instruction? (MultiRegion, United States of America)
Is there any case law where a trial court committed an instructional error by removing an element of the crime of wiretapping from the instruction? (MultiRegion, United States of America)
