aiding and abetting

Aiding and abetting has a broader application. It makes a defendant a principal when he consciously shares in any criminal act whether or not there is a conspiracy. And if a conspiracy is also charged, it makes no difference so far as aiding and abetting is concerned whether the substantive offense is done pursuant to the conspiracy.

In criminal law. The offense committed by those persons, who, although not the direct perpeto the actual perpetrator thereof. 4 Shars- ■wood, Bl. Comm. 34; Russ. & R. 363, 421; 9 Ired. (N. C.) 440; 1 Woodb. & M. 221; 10 Pick. (Mass.) 477; 12 Whart. (Pa.) 460; 26 Miss. 299. A principal in the second degree is he who is present aiding and abetting the fact to be done. 1 Hale, P. C. 615. See "Principal."

The offence committed by those persons who, although not the direct perpetrators of a crime, are yet present at its commission, doing some act to render aid to the actual perpeti-ator thereof. 4 Bla. Com. 34; Russ. & R. 363, 421; State v* Hildreth, 31 N. C. 440, 51 Am. Dec. 369; U. S. v. Libby, 1 Woodb. & M. 221, Fed. Cas. No. 15,597; Com. v. Knapp, 10 Pick. (Mass.) 477, 20 Am. Dec. 534; Mc Carty v. State, 26 Misc. 299. They are principals in tbe crime; U. S. v. Boyd, 45 Fed. 851; Engeman v. State, 54 N. J. L. 247, 23 Atl. 676. A common purpose to subserve the joint interests of the principal offender and his aider and abettor by misapplication of the funds of a bank is not necessary to create the offence of aiding and abetting a bank officer in misapplying its funds in violation of U. S. Rev. Stat. § 5209. It is immaterial whom they may have intended to benefit, if there existed the intent to defraud specified in the act; Coffin v. U. S., 162 U. S. 664, 16 Sup. Ct. 943. 40 L. Ed. 1109. A principal in the second degree is one who is present aiding and abetting the fact to be done. 1 Hale, PL Cr. 615; 1 Bish. Cr. L. 648 (4). See State v. M'Gregor, 41 N. H. 407, Hill v. State, 28 Ga. 604; Doan v. State, 26 Ind. 490; State v. Squaires, 2 Nev. 22G; State v. Fley, 2 Brev. (S. C.) 338, 4 Am. Dec. 583. Actual presence is not necessary: it is sufficient to be so situated as to come readily One cannot be convicted as aider and abettor unless the principal is jointly indicted with him, or if indicted alone, the indictment should give the name and description of the principal; Mulligan v. Com., 84 Ky. 229, 1 S. W. 417, and the one charged as an abettor may be convicted as principal; Benge v. Com., 92 Ky. 1, 17 S. W. 146, and the abettor may be convicted of murder in the second degree, though the principal has been acquitted; State v. Whitt, 113 N. C. 716, 18 S. E. 715; State v. Bogue, 52 Kan. 79, 34 Pac. 10. The aider and abettor in a misdemeanor is chargeable as principal; Com. v. Ahearn, 160 Mass. 300, 35 N. E. 853; U. S. v. Sykes, 58 Fed. 1000. To aid or abet a breach of an injunction decree is contempt of court; [1897] 1 Ch. 545. See Accessoby; Pbincipal; Abettor.

v. Abettor; Aider.

In criminal law. A phrase applied in the common law to aiders and abettors, technically so called. 1 Russell on Crimes, 26. See Abet. Construed, in the act of Congress, 20th April, 1818, ch. 373, to import as in common parlance, assistance, co-operation and encouragement. 12 Wheatan'sR. 460.