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Washington Supreme Court - 474 P.2d 274, 78 Wash. 2d 306
Tags: Criminal law, Group criminality
tl;dr:
A defendant who is not connected with the person who commits the crime is not guilty of aiding and abetting the crime.Video Summary
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The defendant was convicted of aiding and abetting in the sale of marijuana, but the evidence presented by the prosecution was weak and had a gap. The prosecution failed to establish any connection or association between the defendant and the seller. The court found that the gap in the evidence was fatal to the prosecution's case, and a motion for dismissal would have been appropriate. The charge against the defendant cannot be sustained as the crucial element of a nexus between the defendant and the seller is missing. To be guilty of aiding and abetting, one must associate themselves with the crime and participate in it as something they wish to bring about.
The dissenting opinion in the case argues that the majority has gone beyond its authority by interpreting the evidence and substituting its own verdict for that of the jury. The passage explains the different categories of individuals who participate in the commission of a crime based on common law, but legislative action has eliminated these classifications in various jurisdictions. The current law states that anyone involved in the commission of a felony, gross misdemeanor, or misdemeanor, whether they directly commit the offense or aid and abet in its commission, will be considered a principal and punished accordingly. This includes those who counsel, encourage, hire, command, induce, or otherwise procure another person to commit the crime. The lack of criminal intent on the part of the person who was aided or abetted is not a defense for those who aided, abetted, counseled, encouraged, hired, commanded, induced, or procured them. The court has interpreted this statute to mean that each word that implies criminal culpability signifies an overt and affirmative action or statement made by the accused that contributes directly or indirectly to the commission of the primary crime.
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