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United States v. Lopez

United States District Court for the Northern District of California

662 F.Supp. 1083 (1987)

Relevant factsFree

Ronald McIntosh (defendant) flew a helicopter onto prison grounds to help his girlfriend, Samantha Lopez, escape, believing prison officials had threatened her life; the two were caught ten days later and both charged with prison escape. At trial, Lopez sought to raise a necessity or duress defense, and McIntosh requested an instruction that the jury must acquit him of aiding and abetting her escape if it acquitted Lopez based on necessity or duress.

IssueFree

Whether a defendant can be convicted of aiding and abetting without proof that a principal actually committed a crime.

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