Fredoni

The defendant was found guilty of the crime of robbery, and sentenced to a term of six years in the state prison at Folsom. He prosecutes this appeal from the judgment and the order denying Ms motion for a hew trial.

The first claim made is that the court erred in instructing the jury that “All persons concerned in the commission of a crime, whether they directly commit the act constituting the offense, or aid or abet in its commission, or, not being present, advise and encourage its commission, are principals in any crime so committed.” TMs instruction was again substantially repeated in a different form; and it is said that the instruction was erroneous and injurious to the defendant, for the reason that section 31 of the Penal Code makes those persons guilty of a crime who “aid and abet in its commission. ’ ’

A person who innocently aids in the commission of a crime would not be guilty; and if the instruction given was the only one upon the question, and if the evidence showed that, the aid given by defendant might reasonably have been consistent with his innocence, the objection would be serious; but upon an examination of the record we find that the court elsewhere…