What is the test for setting aside a conviction for aiding and abetting?
MultiRegion, United States of America
The following excerpt is from United States v. Rodriguez, 465 F.2d 5 (2nd Cir. 1972):
While we conclude that the second count of the indictment was properly submitted to the jury on the aiding and abetting theory of guilt, the alternative theory must also be considered. "It has long been settled that when a case is submitted to the jury on alternative theories the unconstitutionality4 of any of the theories requires that the conviction be set aside." Leary v. United States, 395 U.S. 6, 31-32, 89 S.Ct. 1532, 1545-1546, 23 L.Ed.2d 57 (1969).5
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