People v. Cooper

Opinion

LUCAS, C. J.

—We are called on to decide whether it is error to instruct a jury that the “getaway” driver in a robbery may be convicted of aiding and abetting the robbery, and therefore of being a principal rather than a mere accessory after the fact (Pen. Code, §§ 31, 32; all subsequent statutory references are to this code unless otherwise indicated), even if the jury finds that the defendant did not form the requisite intent to facilitate or encourage commission of the robbery prior to the robbers’ flight with the stolen property. The Court of Appeal reversed the aiding and abetting…