Does the aiding and abetting statute apply to a defendant who solicited and procured the killing?

California, United States of America


The following excerpt is from People v. Battle, 11 Cal. Daily Op. Serv. 10028, 129 Cal.Rptr.3d 828, 198 Cal.App.4th 50, 2011 Daily Journal D.A.R. 11989 (Cal. App. 2011):

This argument was made and rejected in People v. Singer (1990) 226 Cal.App.3d 23, 275 Cal.Rptr. 911( Singer ). In that case, the court stated: There is abundant evidence that defendant solicited and procured the killing. He maintains, however, that the statute only applies where the hirer directly aids and abets the actual killer and that there is no evidence that he aided and abetted ... the hit-man, as opposed to ... the intermediary. [] We begin by noting that subdivision (b) of [Penal Code] section 190.2 differs from the general aiding and abetting statute which uses the terms aid, abet, compel, advis[e], counsel[ ] and encourag[e], among others. ( [Pen.Code,] 31.) Subdivision (b) of [Penal Code] section 190.2, by contrast, uses all

[198 Cal.App.4th 83]

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