(rsbm)
Or more accurately:
If the case is PDI or JDI why were
BOTH NOT charged with homicide in the true bills by the GJ
(rsbm) Sorry,
SD, but the laws of Colorado disagree with that. The prosecutor doesn’t have to know (or prove) who did what. There is no such thing as a “cross finger pointing defense” in Colorado or, for that matter, any other state TMK. I've posted the statute for “Complicity” before (after 2013’s revision). I see now that it was again revised in 2016, but the basics remain the same. Here are the important takeaways
(bbm):
Defendant need not perform all acts necessary to offense. Where two or more are involved in the commission of a criminal offense and one helps the other, though not actually performing all the acts necessary to the commission of the offense, all are, nevertheless, principal offenders and are punishable as though all have committed the necessary acts. Reed v. People, 171 Colo. 421, 467 P.2d 809 (1970).
No election required as to which defendant was accessory. There was no error in the trial court's refusing to compel the district attorney to elect, before the evidence was presented, as to which defendant was principal and which accessory. Block v. People, 125 Colo. 36, 240 P.2d 512 (1951), cert. denied, 343 U.S. 978, 72 S. Ct. 1076, 96 L. Ed. 1370, reh'g denied, 344 U.S. 848, 73 S. Ct. 6, 97 L. Ed. 659 (1952).
An accessory who stands by and aids in the perpetration of a crime may properly be charged as a principal, and in the case of codefendants it is unnecessary to spell out which one is the principal and which the accessory, nor is it necessary to characterize and classify the specific acts of each. Schreiner v. People, 146 Colo. 19, 360 P.2d 443, cert. denied, 368 U.S. 856, 82 S. Ct. 94, 7 L. Ed. 2d 53 (1961).
In the case of codefendants it is unnecessary to spell out which one is the principal and which the accessory. McGregor v. People, 176 Colo. 309, 490 P.2d 287 (1971).
When two persons are charged with the same crime, the prosecution is not required to spell out which one is the principal and which is the accessory. People v. Scheidt, 182 Colo. 374, 513 P.2d 446 (1973).
B. Indictment or Information.
An accessory may be charged as principal. Voris v. People, 75 Colo. 574, 227 P. 551 (1924); Newton v. People, 96 Colo. 246, 41 P.2d 300 (1935); Pacheco v. People, 96 Colo. 401, 43 P.2d 165 (1935); Bacino v. People, 104 Colo. 229, 90 P.2d 5 (1939); Erwin v. People, 126 Colo. 28, 245 P.2d 1171 (1952); Harris v. People, 139 Colo. 9, 335 P.2d 550 (1959); Martinez v. People, 166 Colo. 524, 444 P.2d 641 (1968).
An accessory may be indicted and punished as a principal. People v. Zobel, 54 Colo. 284, 130 P. 837 (1913); Mulligan v. People, 68 Colo. 17, 189 P. 5 (1920); Harris v. People, 139 Colo. 9, 335 P.2d 550 (1959).
If accessories are under the law deemed and considered as principals, then they are principals insofar as the indictment, trial, and punishment are concerned. Mulligan v. People, 68 Colo. 17, 189 P. 5 (1920); Harris v. People, 139 Colo. 9, 335 P.2d 550 (1959).
The acts of the principal are the acts of the accessory, and the accessory may be charged and punished accordingly as a principal. Oaks v. People, 161 Colo. 561, 424 P.2d 115 (1967).
A person who aids, abets, or assists in the perpetration of a criminal offense becomes an accessory to that offense and is chargeable and punishable as a principal. Reed v. People, 171 Colo. 421, 467 P.2d 809 (1970).
An accessory who stands by and aids in the perpetration of a crime may properly be charged as a principal. McGregor v. People, 176 Colo. 309, 490 P.2d 287 (1971).
An accessory charged as a principal for an accessory is deemed and considered a principal, punishable as a principal, and plainly shall be charged as a principal. Fernandez v. People, 176 Colo. 346, 490 P.2d 690 (1971).
In the case of codefendants it is unnecessary to characterize and classify the specific acts of the principal and the accessory. McGregor v. People, 176 Colo. 309, 490 P.2d 287 (1971).
It is ultimately the jury's responsibility to determine the specific role a defendant plays. People v. Scheidt, 182 Colo. 374, 513 P.2d 446 (1973).
If you care to read the current statute in full, here is the link:
C.R.S. 18-1-603