. Gibson v. State, 49 Ala. App. 18, 20, 268 So.2d 49 (1972). " 'A person is legally accountable for the behavior of another constituting a criminal offense if, with the intent to promote or assist the commission of the offense: * * * He aids or abets such other person to commit the offense.'
Root, 32 Ala. App. 255, 25 So.2d 182. See also Gibson v. State, 49 Ala. App. 18, 268 So.2d 49 (1972) and cases cited therein at 49 Ala. App. 20, 268 So.2d 49. From the evidence presented by the state, the jury could infer that the appellant was a willing and active participant in the crime.
The question of whether or not one involved in a robbery has felonious intent is one for the jury to decide. Root et al. v. State, 247 Ala. 514, 25 So.2d 182; Gibson v. State, 49 Ala. App. 18, 268 So.2d 49. BOOKOUT, Judge.
This is not a required inference which the jury must make when there is a breaking and entering in the nighttime, but it is almost universally held that the jury may draw this inference based solely upon such an entry in the nighttime, in the absence of evidence suggesting another explanation for the unlawful entry. Gibson v. State, 49 Ala.App. 18, 268 So.2d 49 (1972); People v. King, 2 Ill.App.3d 870, 275 N.E.2d 918 (1971); Garcia v. People, 172 Colo. 329, 473 P.2d 169 (1970); Dixon v. State, 240 So.2d 289 (Miss. 1970); State v. Wills, 107 N.H. 107, 218 A.2d 47 (1966); People v. Johnson, 28 Ill.2d 441, 192 N.E.2d 864 (1963); Behel v. State, 40 Ala.App. 689, 122 So.2d 537 (1960); Garrett v. State, 350 P.2d 983 (Okl.Cr. 1960); Sikes v. State, 166 Tex.Cr.R. 257, 312 S.W.2d 524 (1958); State v. Tellay, 7 Utah 2d 308, 324 P.2d 490 (1958); State v. Gatewood, 169 Kan. 679, 221 P.2d 392 (1950); State v. Woodruff, 208 Iowa, 236, 225 N.W. 254 (1929); State v. Fox, 80 Iowa 312, 45 N.W. 874 (1890); State v. Maxwell, 42 Iowa 208 (1875).
22 C.J.S. Criminal Law § 88(2)(d) (1961). Gibson v. State, 49 Ala.App. 18, 20, 268 So.2d 49 (1972)." ‘A person is legally accountable for the behavior of another constituting a criminal offense if, with the intent to promote or assist the commission of the offense: ... He aids or abets such other person to commit the offense.’
‘[P]resence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.’ 22 C.J.S. Criminal Law § 88(2)(d) (1961). Gibson v. State, 49 Ala.App. 18, 20, 268 So.2d 49 (1972).“ ‘ “....
‘[P]resence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.’ 22 C.J.S. Criminal Law § 88(2)(d) (1961). Gibson v. State, 49 Ala.App. 18, 20, 268 So.2d 49 (1972). “ ‘ “....
‘[P]resence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.’ 22 C.J.S. Criminal Law § 88(2)(d) (1961). Gibson v. State, 49 Ala.App. 18, 20, 268 So.2d 49 (1972).“ ‘ “....
Gibson v. State, 49 Ala.App. 18, 20, 268 So.2d 49 (1972). "'". . . .
22 C.J.S. Criminal Law § 88(2)(d) (1961). Gibson v. State, 49 Ala.App. 18, 20, 268 So.2d 49 (1972). "`. . . .