United States v. Gallagher

Quinn, Chief Judge

(concurring in the result):

In my opinion, the case turned on whether the accused was a mere innocent bystander, as he contended, or participated, or aided in the commission of the offense. Under the circumstances, the president should have instructed on the law relating to aiding and abetting. His failure to do so was prejudicial error. I, therefore, join in reversing the findings of guilty and the sentence.