State v. Hesedahl, 247 OrApp 285 (2011)

Holding:   Being within spitting distance and verbally encouraging a person committing an assault constitutes aid.

1)   “We discern legislative intent by considering the text, context, and any helpful legislative history of the statute.” citing State v. Gaines. at p. 289.

2)   Neither Webster’s nor Black’s include verbal encouragement in their definition of aid, but use of the verb aided, “when accompanied by the companion’s proximity, encompassed verbal encouragement.” at p. 289.

3)   Other sections of the criminal code, supported by the Commentary to Criminal Law Revision Commission Proposed Oregon Criminal Code, Final Draft and Report, and, court decisions, define an aider as someone “actually present, within sight, and able to aid.” at p. 290.

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