AIDING AND ABETTING. The offence committed by those persons who, although not the direct perpetrators of a crime, are yet present at its commission, doing some act to render aid to the actual perpetrator there of. 4 Bla. Com. 34; Russ. & R. 363, 421; State v. Hildreth, 31 N. C. 440, 51 Am. Dec. 369 ; U. S. v. Libby, 1 Woodb. & M. 221, Fed. Cas. No. 15,597; Coln. v. Knapp, 10 Pick. (Mass.) 477, 20 Am. Dec. 534; McCarty v. State, 26 Misc. 299. They are principals in the crime; U. S. v. Boyd, 45 Fed. 851; Dn geman v. State, 54 N. J. L. 247, 23 Atl. 676. A common purpose to subserve the joint in terests of the principal offender and his aider and abettor by misapplication of the funds of a bank is not necessary to create the offence of aiding and abetting a bank officer in misapplying its funds in violation of U. S. Rev. Stat. § 5209. It is immaterial whom they may have intended to benefit, if there existed the intent to defraud specified in the act ; Coffin v. U. S., 162 U. S. 664, 16 Sup. Ct. 943, 40 L. Ed. 1109.
A principal in the second degree is one who is present aiding and abetting the fact to be done. 1 Hale, Pl. Cr. 615; 1 Bish. Cr. L. 648 (4). See State v. M'Gregor, 41 N. H.
407; Hill v. State, 28 Ga. 604; Doan v. State, 26 Ind, 496 ; State v. Squaires, 2 Nev. 226; State v. Fley, 2 Brev. (S. C.) 338, 4 Am. Dec. 583. Actual presence is not necessary: it is sufficient to be so situated as to come readily to the assistance of his fellows; Green v. State, 13 Mo. 382.
One cannot be convicted as aider and abet. tor unless the principal is jointly indicted with him, or if indicted alone, the indictment should give the name and description of the principal ; Mulligan v. Com., 84 Ky. 229, 1 S. W. 417, and the one charged as an abettor may be convicted as principal ; Benge v. Com., 92 Ky. 1, 17 S. W. 146, and the abettor may be convicted of murder in the second degree, though the principal has been acquit ted ; State v. Whitt, 113 N. C. 716, 18 S. E. 715; State v. Bogue, 52 Kan. 79, 34 Pac. 10.
The aider and abettor in a misdemeanor is chargeable as principal ; Corn. v. Ahearn, 160 Mass. 300, 35 N. E. 853 ; U. S. v. Sykes, 58 Fed. 1000.
To aid or abet a breach of an injunction decree is contempt of court ; [1897] 1 Ch. 545. See ACCESSORY; PRINCIPAL; ABETTOR.