Commonwealth v. Jones
Commonwealth v. Jones
Opinion of the Court
Appeal is taken from judgment of sentence following non-jury trial and adjudication of guilty to charges of retail theft and criminal conspiracy.
On February 14, 1976, the guard observed appellant and another female enter the store and proceed to the area for the sale of more expensive women’s clothing.
The evidence which we have encapsulated above, albeit circumstantial, clearly established that appellant and her companion were engaged together to attempt and to commit the crime of retail theft. The action of appellant as a "screen" to block the view by others of her conspirator's
When a person aids another in the planning or committing of a crime, such person is an accomplice of the other. As an accomplice, he is "legally accountable for the conduct" of the other person and is thus guilty of the substantive crime charged. "Crimes Code," supra, § 306. The evidence in this case places appellant in the category of accomplice. She and the other woman entered the store together and went to an area where there were few other customers. Appellant stood facing her companion while the latter concealed the dresses. Appellant knew what her companion was doing, as is made evident by her comments to her friend, when apprehended after they had begun to walk out together — that she desired that they cooperate so that there would be no trouble and the affair not carried on any further. There is no doubt from the evidence that appellant was an accomplice of and active participant with the one who actually took possession of the stolen dresses. "It is true that mere presence at the scene of a crime is not sufficient to prove participation, however, if one is an active partner in the intent to commit the crime and offers any advice or encouragement to induce its commission, he is an aider and abettor and as such, is equally responsible criminally with the principal." Commonwealth v. Roman, 465 Pa. 515, 523, 351 A.2d 214, 218 (1976). The conduct of appellant, resulting as it did in promoting the commission of the crime by her companion, makes appellant equally responsible for the criminal activity. Commonwealth v. Bridges, 475 Pa. 535, 381 A.2d 125 (1977) and Commonwealth v. Palmer, 229 Pa.Super. 1, 323 A.2d 69 (1974).
Judgment of sentence affirmed.
. “Crimes Code,” Act of 1972, Dec. 6, P.L. 1482, 18 Pa.C.S. §§ 3929 and 903, respectively. As to an additional charge of theft by receiving stolen property, § 3925, the adjudication was not guilty.
. This second individual was charged at the same time as appellant, but was not tried with her because she was at large and had not been apprehended on a bench warrant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.