STATE v. WALDEN

No. 162A81.

293 S.E.2d 780 (1982)

STATE of North Carolina v. Aleen Estes WALDEN.

Supreme Court of North Carolina.

August 3, 1982.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Christopher P. Brewer, Asst. Atty. Gen., Raleigh, for the State-appellant.

Brenton D. Adams, Raleigh, for defendant-appellee.


MITCHELL, Justice.

The principal question presented is whether a mother may be found guilty of assault on a theory of aiding and abetting solely on the basis that she was present when her child was assaulted but failed to take reasonable steps to prevent the assault. We answer this question in the affirmative and reverse the opinion of the Court of Appeals which held to the contrary and ordered a new trial.

On 28 April 1980, defendant was indicted under G...

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