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Aiding And Abetting Culpability:
“Equal Partner” In Drug Purchase Is Not An Aider And Abettor Of The Seller
The defendant is charged with aiding and abetting the sale of __________ [insert name of drug]. On this charge, evidence has been presented that the defendant was an “equal partner” in the purchase of __________. If you have a reasonable doubt as to whether the defendant aided and abetted the seller or, in the alternative, was an “equal partner” in the purchase of __________, you must find the defendant not guilty.
Points and Authorities
A person who is an “equal partner” in the purchase of narcotics cannot be held liable as an aider and abettor of the seller. (People v. Edwards (85) 39 C3d 107, 114, fn 5 [216 CR 397; see also Rucker & Overland, California Criminal Forms & Instructions, § 43.35A.)
Failure to adequately instruct upon a defense or defense theory implicates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury, compulsory process and due process. [See FORECITE PG VII(C).]