State v. Dick

The Supreme Court reversed the decision of the court of appeals vacating Defendant’s conviction for first-degree sexual offense and remanding the matter for a new trial on the charge and reinstated Defendant’s conviction. The court of appeals concluded that there was insufficient evidence to submit to the jury an instruction on the theory that Defendant committed a first-degree sexual offense by being aided and abetted by another individual in the commission of the sexual act. The Supreme Court disagreed, holding that, based upon the court’s enunciated test used to establish the principle of aiding and abetting, the evidence was sufficient to allow the jury to be instructed on the theory of aiding and abetting because the evidence supported the conclusion that Defendant was aided and abetted by at least one other individual even where Defendant was the only individual in the room with the victim when the incident occurred. View "State v. Dick" on Justia Law

Posted in: Criminal Law

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