People v. Head

In People v. Head, 211 Mich App 205; 535 NW2d 563 (1995), the prosecution requested an aiding and abetting instruction as consistent with its theory that even if the defendant did not possess the illegal drugs he was charged with possessing, he assisted another person by providing a storage place for them. Id. at 211. The Court found that the trial court properly gave the aiding and abetting instruction, as well as the instruction on mere presence, which was requested by the defendant. Id. at 211-212. The defendant, not the prosecutor, raised the theory that warranted an instruction on aiding and abetting. This Court stated: Defendant's theory of the case was that the drugs belonged to his girlfriend or another party. The prosecutor requested an instruction on the theory that, even if the drugs and paraphernalia belonged to someone else, defendant assisted that person by providing a storage place for them. We find no error in the judge's decision to instruct the jury on the issue of aiding and abetting. The evidence presented at trial required the judge to give the aiding and abetting instruction. Id.