35 Cal. 3D 547 (1984)
Defendant was convicted of robbery, burglary, false imprisonment, destruction of telephone equipment, and assault with intent to commit a felony in violation of Cal. Penal Code, §§ 211, 459, 236, 591, 221, although he was not present during commission of the offenses. He was convicted under the theory that he aided and abetted his acquaintances in the criminal acts. On appeal, defendant attacked the jury instructions on criminal intent required to convict for aiding and abetting.
- The court reversed the convictions, because the trial court's instruction was erroneous and prejudicial.
- The trial court should have modified its instruction, as requested by defendant, to indicate that aiding and abetting liability required proof of intent to aid.
- The trial court should have informed the jury that defendant aided and abetted the crimes if in acting with knowledge of the unlawful purpose of the perpetrator and with intent or purpose of committing, encouraging, or facilitating the commission of the offenses, his acts or advice aided, promoted, encouraged, or instigated the commission of the crimes.
The court reversed defendant's multiple convictions based on aiding and abetting criminal offenses although he was not present at the crimes, as the trial court gave an erroneous and prejudicial instruction on the test for finding that defendant was guilty of the offenses charged.
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