What is the test for a jury to agree unanimously that a defendant was a direct perpetrator or aider and abettor of a crime?
California, United States of America
The following excerpt is from People v. Morris, C058388 (Cal. App. 10/5/2009), C058388 (Cal. App. 2009):
"`It is well settled that, to properly convict, a jury must unanimously agree that the defendant is guilty of the statutory offense of first degree murder beyond a reasonable doubt, but it need not decide which of several proferred theories of first degree murder liability governs the case.' (People v. Lewis (2001) 25 Cal.4th 610, 654 [].) Thus, the judge need not decide unanimously whether a defendant was a direct perpetrator or an aider and abettor, so long as it is unanimous that he was one or the other." (People v. Wilson (2008) 44 Cal.4th 758, 801-802.)
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