State v. Beamer

WEBB, Justice.

The defendant’s first assignment of error deals with the court’s charge on acting in concert. The defendant asked the court to charge that in order to convict him of a crime on the theory of acting in concert, the jury must find that he was “acting together with another who does the acts necessary to constitute the crime pursuant to a common plan or purpose to commit the crime.” The court refused to give this charge and instructed the jury as follows:

Now, members of the jury, for a person to be guilty of a crime, it is not necessary that he, himself, do all the acts necessary to…