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February 7, 2018 by DVLaw

ABET

A French word combined of two words “a” and .”beter”—to bait or excite an animal. It includes knowledge of the wrongful purpose of the perpetrator and counsel and encouragement in the crime. People v. Terman, 4 Cal.App.2d 345, 40 P.2d 915, 916.

To encourage, incite, or set another on to commit a crime. This word is always applied to aiding the commission of a crime. To abet another to commit a murder is to command, procure, or counsel him to commit it, Old Nat. Brev. 21; Co. Litt. 475; to command, procure, counsel, encourage, induce, or assist, Short v. Commonwealth, 240 Ky. 477, 42 S.W.2d 696, 697; to encourage, counsel, induce, or assist, State v. Watts, Nev., 296 P. 26. To facilitate the commission of a crime, promote its accomplishment, or help in advancing or bringing it about. State v. Lord, 42 N.M. 638, 84 P.2d 80, 86. It includes knowledge of wrongful purpose of perpetrator. Daniels v. State, 58 Ga.App. 599, 199 S.E. 572, 577. State v. Kneedy, 232 Iowa 21, 3 N.W.2d 611, 615. People v. Stein, 55 Cal.App.2d 417, 130 P.2d 750, 751 (permitting wife to remain in house of prostitution).
See Abettor; Aid and Abet.

“Aid” and “abet” are nearly synonymous terms as generally used; but, strictly speaking, the former term does not imply guilty knowledge or felonious intent, whereas the word “abet” includes knowledge of the wrongful purpose and counsel and encouragement in the commission of the crime. Forgery, People v. Dole, 122 Cal. 486, 55 P. 581, 68 Am.St.Rep. 50; Raiford v. State, 59 Ala. 106; Violation of law against free passes, State v. Ankrom, 86 W.Va. 570, 103 S.E. 925, 927; Crime against nature, State v. Start, 65 Or. 178, 132 P. 512, 513; Robbery, People v. Powers, 293 Ill. 600, 127 N.E. 681, 682.

Instigate synonymous (malicious prosecution) Hughes v. Van Bruggen, 44 N.M. 534, 105 P.2d 494, 499.

“Abet” smacks more of technical terminology than does the word “aid”, but it is almost synonymous with the word “aid”. Assault and battery, Gentry v. State, 65 Ga. App. 100, 15 S.E.2d 464, 465.

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