People v. Markus

Opinion

ROUSE, J.

Appellant was charged with and convicted of burglary (Pen. Code, § 459). No allegation was made that appellant actually committed a breaking and entering of a structure with intent to commit a felony or petit larceny. His guilt as a principal rests upon his activity as an aider and abettor (Pen. Code, § 31).

At the outset, we note there is no question of the sufficiency of the evidence to support a finding of guilt as aider and abettor. Viewing the evidence in the light most favorable to respondent, as required, it is clear that appellant’s behavior comports well with the…