The following excerpt is from U.S. v. Barton, 647 F.2d 224 (2nd Cir. 1981):
To establish that a defendant has aided and abetted the commission of a crime the proof must show "that he in some sort associate(d) himself with the venture, that he participate(d) in it as something that he wishe(d) to bring about, (and) that he (sought) by his action to make it succeed." United States v. Bommarito, 524 F.2d 140, 145 (2d Cir. 1975); United States v. Clemente, 640 F.2d 1069 (2d Cir. 1981). The jury was properly instructed with respect to aiding and abetting, and was told that a defendant could not be found guilty because of his mere presence or association. The charge included the following:
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.