State v. Kaley

Judge Cozort

dissenting.

The standard for acting in concert was set forth by our Supreme Court in State v. Joyner, 297 N.C. 349, 255 S.E.2d 390 (1979):

“[I]f ‘two persons join in a purpose to commit a crime, each of them, if actually or constructively present, is not only guilty as a principal if the other commits that particular crime committed by the other in pursuance of the common purpose ... ox as a natural or probable consequence thereof.' ”

Id. at 357-58, 255 S.E.2d at 396 (quoting State v. Westbrook, 279 N.C. 18, 41-42, 181 S.E.2d 572, 586 (1971)), death penalty vacated, 408 U.S. 939, 33…