People v. Marty

In People v. Marty (1922) 59 Cal.App. 503, the defendant encouraged and took part in a confrontation and yet when his cohort fatally shot one of the opposition the defendant denied that he aided and abetted a murder. The Court of Appeal disagreed, stating: "If he did not do so we do not see what conduct on his part could have made him an aiding and abetting principal, unless he had actually held the weapon while Guthrie pulled the trigger." (59 Cal.App. at p. 507.)