State v. Hopkins

(dissenting) — In the case of State v. Robinson, 12 Wash. 349, 41 Pac. 51, 902, a prosecution under the aiding and abetting statute, this court laid down the rule:

“We think that § 1319 [Code Proc.], supra, contains but the usual provisions in force in all, or nearly all, of the states, and we have been cited to no case, nor have we found one in which a conviction for manslaughter has been sustained under circumstances similar to those disclosed by the record here. The offense of manslaughter from its legal character excludes the possibility of an accessory before the fact as an element in its…