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State v. Deverney4/15/1999
e the statutory reference in the indictment was only to Minn. Stat. §§ 609.185 (murder) and 609.05, subd. 1 (aid and abet), the language of the indictment itself makes plain what the state "basically contended had happened," Ostrem, 535 N.W.2d at 923 (quoting State v. DeFoe, 280 N.W.2d 38, 40 (Minn. 1979)). DeVerney was charged with aiding and abetting the first-degree murder of Antonich during the course of a kidnapping. The indictment charged that: "Andy Leo DeVerney, then and thereby being, individually and aiding and abetting and acting in concert with another" committed murder. This is the charge that was tried to the jury and of which DeVerney was found guilty. The theory of the state's case was that these five men, acting in concert, kidnapped, beat, and murdered Antonich. The additional aiding and abetting instruction does not change this theory. We are satisfied that DeVerney was not substantially prejudiced by the trial court's instructions to the jury on aiding and abetting.
Affirmed.
PAGE, J., took no part in the consideration or decision of this case.
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