California, United States of America
The following excerpt is from People v. Bohmer, 120 Cal.Rptr. 136, 46 Cal.App.3d 185 (Cal. App. 1975):
Under Penal Code section 971, one who advises and encourages the commission of a crime may be charged as a principal. (People v. Nolan, 144 Cal. 75, 79, 77 P. 774.)
The words 'and did aid, promote, encourage and instigate each other in the commission of said act' in the indictment are surplusage. (People v. Desmond, 24 Cal.App. 408, 410--411, 141 P. 632.)
In California:
'(T)he distinction existing at common law between [46 Cal.App.3d 201] principals of the first and second degree is abolished; and the distinction between them and accessories Before the fact is also abolished, so far as such distinction is capable of abolition. Persons standing by and aiding, abetting, or assisting, and persons not present who have advised and encouraged the perpetration of the crime, are designated as accessories, 'and shall be deemed and considered,' says the statute, 'as principals, and punished accordingly.' As principals, they may be indicted and tried together, or separately, and either may be convicted or acquitted without reference to the previous conviction or acquittal of the other.' (People v. Bearss, 10 Cal. 68, 69.)
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