Garcia v. State

Summary

The court held that a defendant may legally be convicted as an accessory before the fact to second-degree intent-to-kill murder because an accessory may aid a homicide impulsively or without premeditation. It further held that accessory liability is distinct from conspiracy liability and can extend to incidental crimes committed in furtherance of the intended offense, even without the accessory's intent or knowledge of the incidental crime. The court therefore affirmed the judgment below; the second question concerning the effect of a legally impossible theory was not reached.