Likewise, the trial court instructed the jury on parties to a crime. See Grant v. State, 198 Ga.App. 357, 358โ359(1)(b), 401 S.E.2d 761 (1991) (parties to crime theory โembodies the theory of conspiracy insofar as it renders one not directly involved in the commission of a crime responsible as a party theretoโ). FN10. Johnson, supra at 708(1)(a), 683 S.E.2d 659 (citation and punctuation omitted); OCGA ยง 16โ2โ20(b).
The trial court instructed the jury on conspiracy, which mirrors the concept of parties to a crime. See Grant v. State, 198 Ga. App. 357, 358-359 (1) (b) ( 401 SE2d 761) (1991) (parties to crime theory "embodies the theory of conspiracy insofar as it renders one not directly involved in the commission of a crime responsible as a party thereto") (citation and punctuation omitted). A defendant is a party to a crime "if he intentionally aids or abets the commission of the crime, or advises, encourages, hires, counsels, or procures another to commit it."
Scott v. State, 229 Ga. 541, 544 (1) ( 192 SE2d 367) (1972). See also Grant v. State, 198 Ga. App. 357, 358-359 (1) (b) ( 401 SE2d 761) (1991); Hamby v. State, 158 Ga. App. 265 (2) ( 279 SE2d 715) (1981). Cf. Garcia v. State, 279 Ga. App. 75 ( 630 SE2d 596) (2006) (a jury instruction on lesser-included offense is authorized where "there is any evidence that the defendant is guilty of the lesser-included offense"); Gunter v. State, 243 Ga. 651, 660 (6) ( 256 SE2d 341) (1979) (stating in dicta that "it may be that conspiracy . . . is a lesser included offense in an indictment charging the commission of the crime" where the crime has not been completed).
Culberson v. State, 236 Ga. App. 482, 483 ( 512 SE2d 367) (1999).Grant v. State, 198 Ga. App. 357, 358-359 (1) (b) ( 401 SE2d 761) (1991). Here, the evidence showed that Mack knew that the victim had at least seven ounces of marijuana on December 10, 2003, and that he suggested robbing the victim for that reason.
This, plus defendant's participation the next morning, was sufficient to show that defendant was either the perpetrator or an aider and abettor to the crimes charged. OCGA ยง 16-2-20; Williams v. State, 200 Ga. App. 84, 85 (1), 86 ( 406 S.E.2d 498) (1991); Grant v. State, 198 Ga. App. 357, 358 (1) ( 401 S.E.2d 761) (1991); Harden v. State, 197 Ga. App. 686 (1) ( 399 S.E.2d 276) (1990). There was no failure of proof of venue.