Is a defendant who engages in conduct that is an element of the charged crime a perpetrator not a aider and abettor?
California, United States of America
The following excerpt is from People v. Golden, B160418. (Cal. App. 2003):
"One who engages in conduct that is an element of the charged crime is a perpetrator, not an aider and abettor, of the completed crime. . . . If the defendant performed an element of the offense, the jury need not be instructed on aiding and abetting, even if an accomplice performed other acts that completed the crime." (People v. Cook (1998) 61 Cal.App.4th 1364, 1371.)
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