What is the standard of instruction for a jury in a case of aiding and abetting?

California, United States of America


The following excerpt is from People v. Martinez, D057830 (Cal. App. 2011):

A trial court must sua sponte instruct on general principles of law that are commonly connected to the facts adduced at trial and that are necessary for the jury's understanding of the case. (People v. Young (2005) 34 Cal.4th 1149, 1200.) The court must instruct on every theory of the case supported by substantial evidence. (Ibid.) To establish culpability based on aiding and abetting, the defendant must have had knowledge of the perpetrator's unlawful purpose, intended to commit or encourage the offense, and by act or advice aided or encouraged the commission of the offense. (People v. Williams (1997) 16 Cal.4th 635, 676.) When the evidence can support culpability based on aiding and abetting, the jury should be instructed on the intent

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