Always read the footnotes

This wikilog article is a draft, it was not published yet.

by: Ryan • June 26, 2014 • no comments

At some point, I'll want to chew on this footnote from today's OSC opinion, State v. Everett:

It could be argued that soliciting another person to aid and abet another in the commission of an offense does not establish the crime of solicitation, because a person who aids and abets does not personally “engage in specific conduct constituting a crime.” ORS 161.435(1). Such an argument would draw a distinction between engaging in conduct that makes one criminally liable and conduct that actually constitutes a crime. As we have noted, however, defendant’s argument on review assumes that proof of solicitation to aid and abet aggravated murder would be legally sufficient and asserts instead that the state failed to prove that, in fact, he solicited Van Alstine to aid and abet the offense of aggravated murder. Consequently, we limit our opinion to that issue.