Does a proper aiding and abetting instruction in a witness protection case invalidate a finding of an accomplice?
California, United States of America
The following excerpt is from People v. Garrison, 254 Cal.Rptr. 257, 47 Cal.3d 746, 765 P.2d 419 (Cal. 1989):
Moreover, even a proper aiding and abetting instruction would not have assured us that the jury found that defendant, as an accomplice, shared the [47 Cal.3d 797] perpetrator's intent to kill a witness. Accomplice liability depends upon a general criminal intent, not upon shared intent to commit the target offense. We made this point in People v.
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