Summary
In McWilliams v. State, 87 Nev. 302, 486 P.2d 481 (1971), by brief per curiam opinion, we found an indictment charging robbery sufficient where the evidence at trial established only that the defendant had aided and abetted another in the commission of the crime.
Summary of this case from Barren v. StateOpinion
No. 6416
June 24, 1971
Appeal from Eighth Judicial District Court, Clark County; John F. Mendoza, J.
Weiner, Goldwater Galatz, R. Gardner Jolley and Herbert L. Waldman, of Las Vegas, for Appellant.
Robert List, Attorney General, Roy A. Woofter, District Attorney, and Charles L. Garner, Deputy District Attorney, Clark County, for Respondent.
OPINION
The appellant was charged with and convicted of robbery — the unlawful taking of personal property from the person of another by means of force. NRS 200.380. The proof established that the appellant aided or abetted another to do so. Consequently, he urges a fatal variance between the charge and the proof requiring another trial.
One who aids or abets another in the commission of a felony "shall be proceeded against and punished" as a principal. NRS 195.020. Accordingly, the charge was permissible and, since the proof established that the accused was concerned in the acts charged as an offense, the verdict may stand. State v. Logan, 59 Nev. 24, 31, 83 P.2d 1035 (1938).
Affirmed.