Ark. Code Ann. § 5-2-401 (2026)

Case Notes

Application.

Defendant's conviction for capital murder, in violation of § 5-10-101(a)(4), was proper because there was substantial evidence that defendant was guilty as an accomplice pursuant to this section and §§ 5-2-402(2) and 5-2-403(b)(1), (2), and his argument that there was insufficient evidence of his acting as an accomplice by encouraging, aiding, or assisting the killer in stabbing the victim, was not preserved for review. Lawshea v. State, 2009 Ark. 600, 357 S.W.3d 901 (2009).

Evidence.

Concerted action to commit an unlawful act may be shown by circumstantial evidence without direct proof of a conspiracy by prior agreement; hence, defendant could properly be found guilty of an offense not only by her own conduct but also by that of her accomplices. King v. State, 271 Ark. 417, 609 S.W.2d 32 (1980).

Defendant's conviction for capital murder was supported by substantial evidence where he served as an accomplice to the murder by directing his brother to “come on down” from the attic because the victim moved, suggesting that his brother needed to finish killing the victim, which he did while defendant watched. Wilson v. State, 365 Ark. 664, 232 S.W.3d 455 (2006).

Instructions.

Jury instruction taken almost verbatim from this section was correct despite mention of “accomplices” where both defendants were principals inasmuch as, when two or more persons assist one another in the commission of an offense, each is an accomplice and is criminally liable for the conduct of both. Andrews v. State, 262 Ark. 190, 555 S.W.2d 224 (1977).

Participation.

When two or more persons assist one another in the commission of a crime, each is an accomplice and criminally liable for the conduct of both. Parker v. State, 265 Ark. 315, 578 S.W.2d 206 (1979).

Each participant in a crime is liable for his own conduct but cannot disclaim responsibility for all of the conduct in a particular episode because he did not personally take part in every act which it took to accomplish the crime. Parker v. State, 265 Ark. 315, 578 S.W.2d 206 (1979); Ruiz v. State, 265 Ark. 875, 582 S.W.2d 915 (1979).

Under accomplice liability, a person may commit an offense by his own conduct or by that of another person. Wilson v. State, 365 Ark. 664, 232 S.W.3d 455 (2006).

Cited: Long v. State, 260 Ark. 417, 542 S.W.2d 742 (1976); Ward v. State, 6 Ark. App. 349, 642 S.W.2d 328 (1982); Fisher v. State, 7 Ark. App. 1, 643 S.W.2d 571 (1982).