McWilliams v. State

Jun 24, 1971

6416

Reporters:: , ,
Before:: Per Curiam

*303 OPINION

Per Curiam:

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 ofEense, the verdict may stand. State v. Logan, 59 Nev. 24, 31, 83 P.2d 1035 (1938).

Affirmed.