§ 2-69 Hand of One—hand of All

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2023 Ed.)

§ 2-69 Hand of One—Hand of All

Under the hand of one, the hand of all theory, one who joins with another to accomplish an illegal purpose is liable criminally for everything done by his confederate incidental to the execution of the common design and purpose.

A principal in a crime is one who either actually commits the crime or who is present, aiding, abetting or assisting in the commission of the crime. When two or more persons aid, abet and encourage each other in the commission of a crime, all being present, each is guilty as a principal.

Prior knowledge that a crime is going to be committed, without more, is not sufficient to make a person guilty of that crime. The mere knowledge that another person is going to commit a crime, even if the defendant is present when the crime is committed, is not sufficient to convict the defendant as a principal. Guilt as a principal is shown by actual or constructive presence at the scene as a result of prior arrangement. The State must prove beyond a reasonable doubt by competent evidence the theory of the hand of one is the hand of all.

A principal in a crime is one who either in person perpetrates the crime or who being present aids, abets and assists in the commission of that crime. When a person does an act in the presence of and with the assistance of another, the act is done by both. Where two or more, acting with a common design or a common intent, are present at the commission of a crime, it matters not by whose immediate agency that crime is committed because all would be guilty. The hand of one is the hand of all. Present means to be sufficiently near to aid and abet and assist in the commission of the crime. However, mere presence at the scene is not sufficient to convict one as a principal on the theory of aiding and abetting. Intent is also a necessary element, for there must have been a common design or intent to commit the crime and the crime must have been committed pursuant thereto with the person aiding and abetting by some overt act. Intent may be shown by acts and conduct of the defendant and other circumstances from which you may naturally and reasonably infer intent.

If two or more combine together to commit an unlawful act and, in the execution of that criminal act, a homicide is committed by one of the actors, as a probable or natural consequence of the acts done in pursuance of the common design, all present participating in the unlawful undertaking are as guilty as the one who committed the...