State v. Gladstone
78 Wash.2d 306, 474 P.2d 274 (1970)
Thompson was a narc. He went
to Gladstone and asked to buy some drugs. Gladstone replied that he
didn't have any to sell, but he helpfully provided Thompson with the name
and address of Kent.
He even drew a helpful map.
Thompson went to Kent and
bought some drugs. Kent was arrested for selling narcotics and Gladstone
was arrested as an accomplice.
There was no evidence of any
communication between Kent and Gladstone. They weren't in business
together or anything.
The Trial Court convicted
Gladstone of aiding and abetting
the sale of drugs. He appealed.
The Washington Supreme Court
reversed.
The Washington Supreme Court
found that in order for Gladstone to be criminally culpable, there needed
to be a nexus between himself and
Kent.
Gladstone did not
encourage, counsel, command, hire, induced, or procured Kent into
selling the drugs. Nor did he take any steps to further the commission
of the crime.
The Court found that in
order to aid and abet another to
commit a crimes, it is necessary that a defendant "in some sort
associate himself with the venture, that he participate in it as
something that he wishes to bring about, that he seek by his actions to
make it succeed."
There is an implication of
purposive attitude towards it.
Basically, this case said that
you cannot be guilty of being an accomplice unless you actively try to make the crime happen. Gladstone
probably didn't care one way or the other of Kent sold the drugs. He
wasn't getting any benefit from the sale.
If anything, Gladstone might
have been an accomplice if
Thompson had been charged with buying the drugs. He did after all encourage
Thompson.