MacChiaroli

Appellant was indicted on four counts. The first count charged him with the robbery of an automobile and of money and other personal property from one Esquerre. The second count charged him with the robbery of some earrings and a gold ring from a young woman who was the companion of Esquerre in the automobile at the time of the robbery. The third count charged him with the crime of rape in that he aided and abetted one Gonzales in the rape of the woman. The fourth count charged him with the crime of rape in that he aided and abetted one Marsiglia in the rape of the woman. The defendant, having been found guilty of all of these counts, has appealed from the judgment and from an order denying his motion for a new trial.

[1] The first contention of appellant is that the evidence is insufficient to justify his conviction on either the third or the fourth count. He claims that while his acts may have aided in the accomplishment of the crime of rape by Gonzales and Marsiglia, yet that there is no evidence that he abetted them in the commission of those crimes. In order to sustain the conviction on these counts it must have been proven that the defendant did “aid and abet” in the…