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Criminal Law
Aiding & Abetting: "A person who is, actually, present or constructively present at the scene of a crime at the same time as the commission of the crime by the immediate perpetrator of the crime itself and who acts with and shares the criminal intent so as to knowingly assist, encourage, or facilitate the design of the perpetrator and the commission of the crime is a Principle in the Second Degree, sometimes, also, called an ‘Aider and Abettor' or ‘Accomplice.'" [TR: 833] "[I]t is not necessary, in order to make a person a Principal in the Second Degree, that she was, actually present when the crime was committed or that she, actually, participated in its commission, but rather the test is whether that person was, actually present, or constructively present, and was assisting, encouraging, facilitating or in any manner giving aid or consent to the commission of the crime." [TR: 834-835] Shared Intent: "Before Penny Gail Miller can be found guilty as an aider and abettor, and thus a principal in the second degree, the State of West Virginia must demonstrate to each and every one of you, beyond a reasonable doubt, that Penny Gail Miller shared the criminal intent of the principal in the first degree, that is Christopher Stinson." [TR: 835] Concerted Action Principle: "Under the ‘Concerted Action Principle,' a person who is present at the scene of a crime and who, by acting with another or others, contributes to the criminal act is criminally liable for the crime the same as if she were the sole perpetrator of the crime." [Trial Transcript: 833] "If you find that the State of West Virginia has failed to prove that the Defendant and Christopher Stinson acted together, with a common plan, a common criminal intent, and that both contributed toward the outcome of the taking of the life of the deceased, then you should find the Defendant, Penny Gail Miller, not guilty." [Trial Transcript: 835-836] "If you find that the Defendant Penny Gail Miller acted independently of Christopher Stinson, and that after she left the scene, Christopher Stinson took the life of David Stinson of his own accord, without any influence, encouragement, aid, help or the like of the Defendant and that he, Christopher Stinson, in essence did the act of homicide, on his own, independent of the Defendant, then you should find the Defendant Penny Gail Miller not guilty." Presence at the Time and Place of the Crime: "Proof that the Defendant was present at the time and place the crime was committed is a factor to be considered by the jury in determining guilt, along with other circumstances, such as the Defendant's association with or relation to the perpetrator and her conduct before and after the commission of the crime." [TR: 836] Withdrawal: "For a Defendant to withdraw from a criminal venture so as to avoid criminal responsibility for it, she must show that she disavowed the criminal purpose sufficiently in advance of the criminal act to give her confederate, in this case her son Christopher Lee Stinson, a reasonable opportunity to withdraw, if he so desired, and did so in a manner as to communicate to him her disapproval of or opposition to the commission of the criminal act. To quietly withdraw from the scene, without making some kind of effective withdrawal by disapproval of or opposition to the commission of the criminal act, is not enough. In other words, a person who encourages and participates in the commission of a criminal act cannot— cannot escape responsibility for the criminal act by simply quietly withdrawing from the scene. The Defendant must have wholly and effectively detached herself from the criminal enterprise before the act with which she is charged is in the process of consummation or has become so inevitable that it cannot reasonably be stayed." [TR: 836-837] [Psychological Defenses: The defense requested
no jury instructions on Miller's PTSD diagnosis, or on the findings
of Dr. Stone & Dr. Fremouw that they found Battered Woman Syndrome
applicable to Miller based on her physical and psychological abuse
of some 16 years.}
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