What is the test for an aider and abettor to be found guilty of attempted murder?

California, United States of America


The following excerpt is from People v. Hernandez, C068079, C068517 (Cal. App. 2015):

Premeditated attempted murder requires (1) specific intent to kill and (2) commission of a direct but ineffectual act toward accomplishing the killing. Under the aiding and abetting theory presented to the jury in this case, the aider and abettor must give the direct perpetrator aid and encouragement (1) knowing the direct perpetrator's specific intent to kill and (2) intending to facilitate the accomplishment of the killing. (People v. Lee (2003) 31 Cal.4th 613, 623-624.)

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