United States v. Hilton Jerry Kelton, 446 F.2d 669 (8th Cir. 1971). · Go Syfert
United States v. Hilton Jerry Kelton, 446 F.2d 669 (8th Cir. 1971). Cases Citing This Book View Copy Cite
109 citation events (18 in the last 25 years) across 15 distinct courts.
Strongest positive: United States v. Jemel Foster (ca8, 2024-06-20)
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discussed Cited as authority (rule) United States v. Jemel Foster
8th Cir. · 2024 · confidence medium
But when “the government’s evidence is equally strong to infer innocence as to infer guilt, . . . the court has a duty to direct an acquittal.” United States v. Davis, 103 F.3d 660, 667 (8th Cir. 1996) (quoting United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971)).
discussed Cited as authority (rule) United States v. Albert Ellis (2×)
8th Cir. · 2016 · confidence medium
This “ ‘standard applies even where the conviction rests entirely on circumstantial evidence.’ ” United States v. Wilcox, 50 F.3d 600, 602-03 (8th Cir.1995) (quoting Durns v. United States, 562 F.2d 542, 546 (8th Cir.1977)). “[WJhere the government’s evidence is equally strong to infer innocence of the crime charged as it is to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal.” United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971) (emphasis added).
discussed Cited as authority (rule) United States v. James White, Jr. (2×)
8th Cir. · 2015 · confidence medium
As support, White directs us to our statement that “[w]here the government’s evidence is equally strong to infer innocence as to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal.” United States v. Davis, 103 F.3d 660, 667 (8th Cir. 1996) (quoting United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971)).
discussed Cited as authority (rule) United States v. Williams
8th Cir. · 2011 · confidence medium
“Where the government’s evidence is equally strong to infer innocence as to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal.” United States v. Davis, 103 F.3d 660, 667 (8th Cir.1996) (quoting United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971) (internal marks omitted)).
discussed Cited as authority (rule) United States v. Tyler Water
8th Cir. · 2005 · confidence medium
If the government's evidence "is equally strong to infer innocence . . . as to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal." United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); see also United States v. Davis, 103 F.3d 660, 667 (8th Cir. 1996).
discussed Cited as authority (rule) United States of America, Appellee/cross-Appellant v. Tyler Water, Appellant/cross-Appellee
8th Cir. · 2005 · confidence medium
If the government’s evidence “is equally strong to infer innocence ... as to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal.” United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971); see also United States v. Davis, 103 F.3d 660, 667 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Mansker
N.D. Iowa · 2003 · confidence medium
Id. (referring to United States v. Baker, 98 F.3d 330, 338 (8th Cir.1996), cert. denied, 520 U.S. 1179 , 117 S.Ct. 1456 , 137 L.Ed.2d 561 (1997)) (observing that if the evidence reasonably supports two conflicting hypotheses— guilt and innocence — the reviewing court must not disturb the jury's finding) and United States v. Davis, 103 F.3d 660, 667 (8th Cir.1996), cert. denied, 520 U.S. 1258 , 117 S.Ct 2424 , 138 L.Ed.2d 187 (1997) (holding that " '[wjhere the government's evidence is equally strong to infer innocence, of the crime charged as it is to infer guilt, the verdict must be one o…
discussed Cited as authority (rule) United States v. Schneider
N.D. Iowa · 2001 · confidence medium
Ortiz, 40 F.Supp.2d at 1079 n. 1 (citing Saborit and referring to United States v. Baker, 98 F.3d 330, 338 (8th Cir.1996), cert. denied, *1050 520 U.S. 1179 , 117 S.Ct. 1456 , 137 L.Ed.2d 561 (1997)) (observing that if the evidence reasonably supports two conflicting hypotheses — guilt and innocence — the reviewing court must not disturb the jury’s finding) and United States v. Davis, 103 F.3d 660, 667 (8th Cir.1996), cert. denied, 520 U.S. 1258 , 117 S.Ct. 2424 , 138 L.Ed.2d 187 (1997) (holding that " ’[w]here the government's evidence is equally strong to infer innocence of the crime…
discussed Cited as authority (rule) United States v. Campos
N.D. Iowa · 2001 · confidence medium
Ortiz, 40 F.Supp.2d at 1079 n. 1 (citing Saborit and referring to United States v. Baker, 98 F.3d 330, 338 (8th Cir.1996), cert. denied, 520 U.S. 1179 , 117 S.Ct. 1456 , 137 L.Ed.2d 561 (1997)) (observing that if the evidence reasonably supports two conflicting hypotheses- — guilt and innocence — the reviewing court must not disturb the jury’s finding) and United States v. Davis, 103 F.3d 660, 667 (8th Cir.1996), cert. denied, 520 U.S. 1258, 117 S.Ct. 2424 , 138 L.Ed.2d 187 (1997) (holding *1185 that " ‘[w]here the government's evidence is equally strong to infer innocence of the crime…
discussed Cited as authority (rule) United States v. Huerta-Orozco
N.D. Iowa · 2001 · confidence medium
Ortiz, 40 F.Supp.2d at 1079 n. 1 (citing Saborit and referring to United States v. Baker, 98 F.3d 330, 338 (8th Cir.1996), cert. denied, 520 U.S. 1179 , 117 S.Ct. 1456 , 137 L.Ed.2d 561 (1997)) (observing that if the evidence reasonably supports two conflicting hypotheses — guilt and innocence — the reviewing court must not disturb the jury’s finding) and United States v. Davis, 103 F.3d 660, 667 (8th Cir.1996), cert. denied, 520 U.S. 1258 , 117 S.Ct. 2424 , 138 L.Ed.2d 187 (1997) (holding that " '[wjhere the government’s evidence is equally strong to infer innocence of the crime charg…
discussed Cited as authority (rule) United States v. Ortiz
N.D. Iowa · 1999 · confidence medium
Saborit, 967 F.Supp. at 1140-43 (referring to United States v. Baker, 98 F.3d 330, 338 (8th Cir.1996), cert. denied, 520 U.S. 1179 , 117 S.Ct. 1456 , 137 L.Ed.2d 561 (1997) (observing that if the evidence reasonably supports two conflicting hypotheses — guilt and innocence — the reviewing court must not disturb the jury's finding) and United States v. Davis, 103 F.3d 660, 667 (8th Cir.1996), cert. denied, 520 U.S. 1258 , 117 S.Ct. 2424 , 138 L.Ed.2d 187 (1997) (holding that "'[wjhere the government's evidence is equally strong to infer innocence of the crime charged as it is to infer guilt…
discussed Cited as authority (rule) United States v. Saborit
N.D. Iowa · 1997 · confidence medium
Saborit argues that there is a conflict between this Baker-Burks line of authorities, and another line of Eighth Circuit Court of Appeals decisions, which hold that “ ‘[wjhere the government’s evidence is equally strong to infer innocence of the crime charged as it is to infer guilt, the verdict must be one of not guilty and the court has a duty to direct *1141 an acquittal.” Davis, 103 F.3d at 667 (quoting United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971)); accord United States v. Hepp, 656 F.2d 350, 353 (8th Cir.1981) (holding that a “conviction cannot rest on evidence that…
discussed Cited as authority (rule) United States v. Cleophus Davis, Jr. (2×) also: Cited "see"
8th Cir. · 1996 · confidence medium
United States v. Wilcox, 50 F.3d 600, 602-03 (8th Cir.1995). “[W]here the government’s evidence is equally strong to infer innocence as to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal.” United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971).
discussed Cited as authority (rule) United States v. Cleophus Davis (2×) also: Cited "see"
8th Cir. · 1996 · confidence medium
United States v. Wilcox, 50 F.3d 600, 602-03 (8th Cir. 1995). "[W]here the government's evidence is equally strong to infer innocence as to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal." United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971).
discussed Cited as authority (rule) United States v. Jack Pardue and Michel Pardue (2×)
8th Cir. · 1993 · confidence medium
It has long been the rule that “where the government’s evidence is equally strong to infer innocence of the crime charged as it is to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal.” See United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971).
discussed Cited as authority (rule) United States v. Doepel
E.D. Ark. · 1991 · confidence medium
In United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971), Chief Judge Donald Lay, in speaking for the Court, reviewed the essential elements of establishing a case of aiding and abetting, stating: “The crime of aiding and abetting is one requiring ‘specific intent’ or as Judge L.
cited Cited as authority (rule) United States v. Pritchett
cma · 1990 · confidence medium
See also United States v. Staten, supra, 581 F.2d at 887; United States v. Holder, 566 F.2d 617, 619 (8th Cir.1977); United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971).
discussed Cited as authority (rule) United States v. Angeline Roan Eagle (2×) also: Cited "see, e.g."
8th Cir. · 1989 · confidence medium
Source: 21 Am.Jur.2d Criminal Law Sec. 170, citing People v. Beeman, 35 Cal.3d 547 , 199 Cal.Rptr. 60 , 674 P.2d 1318 (1984). 15 The common formulation of the standard of proof for aiding and abetting is that the defendant "in some sort associate himself with the venture, that he participate in it as in something he wishes he bring about, [and] that he seek by his action to make it succeed." United States v. Peoni, 100 F.2d 401, 402 (2d Cir.1938), United States v. Copple, 827 F.2d 1182 (8th Cir.1987), cert. denied --- U.S. ----, 108 S.Ct. 1046 , 98 L.Ed.2d 1009 Association has been interprette…
cited Cited as authority (rule) ca8 1987
8th Cir. · 1987 · confidence medium
Larson, 760 F.2d at 858 ; Snyder, 448 F.2d at 718 , United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971).
cited Cited as authority (rule) United States v. Grey Bear
8th Cir. · 1987 · confidence medium
Larson, 760 F.2d at 858 ; Snyder, 448 F.2d at 718 , United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971).
discussed Cited as authority (rule) State v. May (2×)
Mo. Ct. App. · 1985 · confidence medium
United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971); State v. Prier, 634 S.W.2d 197 (Mo. banc 1982); State v. Black, 611 S.W.2d 236 (Mo.App.1980).
discussed Cited as authority (rule) United States v. Antoinette Johnson (2×) also: Cited "see"
8th Cir. · 1983 · confidence medium
United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971).
discussed Cited as authority (rule) United States v. William A. Raper, United States of America v. Eli B. Childs, Jr. (2×)
D.C. Cir. · 1982 · confidence medium
Hand, J., in United States v. Peoni, 100 F.2d 401, 402 . 52 See also United States v. Staten, supra, 581 F.2d at 887 ; United States v. Holder, 566 F.2d 617, 619 (8th Cir. 1977); United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971). 53 What is required on the part of the aider is sufficient knowledge and participation to indicate that he knowingly and wilfully participated in the offense in a manner that indicated he intended to make it succeed.
cited Cited as authority (rule) State v. Black
Mo. Ct. App. · 1980 · confidence medium
S. R., 585 S.W.2d 208, 210 [3] (Mo.App.1979); United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971).
discussed Cited as authority (rule) State v. Gazerro
R.I. · 1980 · confidence medium
The primary question that courts have had to confront is what facts and circumstances, including a defendant’s actual or constructive presence, will corn-bine to establish beyond a reasonable doubt a defendant’s “guilty participation,” Bailey v. United States, 416 F.2d at 1113 , or “culpable purpose,” United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971).
discussed Cited as authority (rule) ca8 1979
8th Cir. · 1979 · confidence medium
E. g., United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); But cf. United States v. Brown, supra, 584 F.2d at 262-66 (insufficient evidence of membership in conspiracy); United States v. Frol, 518 F.2d 1134, 1137 (8th Cir. 1975) (insufficient evidence of unlawful possession with intent to distribute). 58 Morgan next argues that the trial court erred in admitting into evidence a tape-recorded conversation between herself and Officer Clark on January 16, 1978.
discussed Cited as authority (rule) United States v. Williams
8th Cir. · 1979 · confidence medium
E. g., United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); but cf. United States v. Brown, supra, 584 F.2d at 262-66 (insufficient evidence of membership in conspiracy); United States v. Frol, 518 F.2d 1134, 1137 (8th Cir. 1975) (insufficient evidence of unlawful possession with intent to distribute).
discussed Cited as authority (rule) Commonwealth v. Chinn
Mass. App. Ct. · 1978 · confidence medium
"The necessity for proving facts other than presence has been explained as 'an essential safeguard against the ever present danger of assuming the complicity of all in attendance whenever group activity is involved.’ ” United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971), quoting from United States v. Barber, 429 F.2d 1394, 1397 (3d Cir. 1970).
discussed Cited as authority (rule) ca8 1978 (2×) also: Cited "see, e.g."
8th Cir. · 1978 · confidence medium
While the government is entitled to the benefit of all reasonable inferences from the evidence, where the evidence "is equally strong to infer innocence of the crime charged as it is to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal." United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971). 78 The government, in support of its position that the verdict be upheld, has cited numerous portions of the transcript.
discussed Cited as authority (rule) United States v. Brown (2×) also: Cited "see, e.g."
8th Cir. · 1978 · confidence medium
While the government is entitled to the benefit of all reasonable inferences from the evidence, where the evidence “is equally strong to infer innocence of the crime charged as it is to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal.” United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971).
discussed Cited as authority (rule) United States v. Michael Bell
8th Cir. · 1978 · signal: cf. · confidence medium
In the present case, it was enough that appellant knowingly participate in the sale of the shotguns, and the district court so instructed the jury. 6 See Nye & Nissen v. United States, 336 U.S. 613, 620 , 69 S.Ct. 766 , 93 L.Ed. 919 (1949); cf. United States v. Kelton, 446 F.2d 669, 670 (8th Cir. 1971) (similar instructions).
cited Cited as authority (rule) United States v. Stanley Richard Holder
8th Cir. · 1977 · confidence medium
United States v. Hill, 464 F.2d 1287 (8th Cir. 1972); United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); United States v. Peoni, 100 F.2d 401, 402 (2d Cir. 1938).
discussed Cited as authority (rule) United States v. Leonard Crow Dog (2×)
8th Cir. · 1976 · confidence medium
United States v. Hill, 464 F.2d 1287 (8th Cir. 1972); United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); United States v. Peoni, 100 F.2d 401, 402 (2d Cir. 1938).
discussed Cited as authority (rule) United States v. John Conley, Jr. (2×)
8th Cir. · 1975 · signal: cf. · confidence medium
Cf. United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971).
cited Cited as authority (rule) United States v. Crow Dog
N.D. Iowa · 1975 · confidence medium
The intent required has also been described as a “purposive attitude.” United States v. Hill, 464 F.2d 1287, 1289 (8th Cir. 1972); United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971).
discussed Cited as authority (rule) United States v. Lamont S. Carter, United States of America v. Jerome R. Patterson, United States of America v. Jerome R. Patterson (2×)
D.C. Cir. · 1975 · confidence medium
(Brennan, J.) 53 Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942) 54 Hicks v. United States, 150 U.S. 442 , 14 S.Ct. 144 , 37 L.Ed. 1137 (1893); Bailey v. United States, supra at 98-99, 416 F.2d at 1113-1114; United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); United States v. Thomas, supra, --- U.S.App.D.C. at p. ---, 522 F.2d at p. 681, 453 F.2d at 143 ; United States v. Wright, supra, --- U.S.App.D.C. at p. ---, 522 F.2d at p. 681, 450 F.2d at 994 ; United States v. Holt, 427 F.2d 1114, 1117 (8th Cir. 1970); United States v. Garguilo, 310 F.2d 249, 252-…
discussed Cited as authority (rule) United States v. Martin L. Baumgarten, United States of America v. Randolph E. Gould, United States of America v. Richard L. Stanley (2×)
8th Cir. · 1975 · confidence medium
United States v. Hill, 464 F.2d 1287 (8th Cir. 1972); United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); United States v. Peoni, 100 F.2d 401, 402 (2d Cir. 1938).
discussed Cited as authority (rule) United States v. Jarboe (2×)
W.D. Mo. · 1974 · confidence medium
In United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971) , the Court concluded that “specific intent” or “some affirmative conduct in furtherance of the crime” was necessary.
examined Cited as authority (rule) United States v. Robert v. Steinhilber (4×)
8th Cir. · 1973 · confidence medium
However, where the government's evidence is equally strong to infer innocence of the crime charged as it is to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal. . . ." United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971).
cited Cited as authority (rule) United States v. Betty Lou Hill
8th Cir. · 1972 · confidence medium
In United States v. Kelton, 446 F.2d 669, 671 (8 Cir. 1971) this Court reviewed the essentials of aiding and abetting.
cited Cited as authority (rule) Commonwealth v. Benders
Mass. · 1972 · confidence medium
Cir.), and cases cited; United States v. Kelton, 446 F. 2d 669, 671 (8th Cir.); People v. Tillman, 130 Ill.
cited Cited "see" United States v. Duane Wendall Larson, United States of America v. Sheila Jane Burgess
8th Cir. · 1985 · signal: see · confidence high
See United States v. Kelton, 446 F.2d 669, 671 (8th Cir.1971).
cited Cited "see" United States v. Judith Jones, United States of America v. Sylvester Jones
8th Cir. · 1976 · signal: see · confidence high
See United States v. Kelton, 446 F.2d 669 (8th Cir. 1971).
discussed Cited "see" United States v. Kenneth Snow
8th Cir. · 1976 · signal: see · confidence high
See, United States v. Kelton, 446 F.2d 669 (8th Cir. 1971); United States v. Williams, 470 F.2d 1339 (8th Cir.), cert. denied, 411 U.S. 936 , 93 S.Ct. 1912 , 36 L.Ed.2d 396 (1973); United States v. Steinhilber, 484 F.2d 386 (8th Cir. 1973).
cited Cited "see" United States v. Norman Lee Williams, United States of America v. Ethelbert Walker
8th Cir. · 1973 · signal: see · confidence high
See generally United States v. Kelton, 446 F.2d 669 (8th Cir. 1971); United States v. Kozak, 438 F.2d 1062 (3rd Cir. 1971); McNeely v. United States, 353 F.2d 913 (8th Cir. 1965).
cited Cited "see" United States v. Lucianetti
E.D. Pa. · 1972 · signal: see · confidence high
See United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); United States v. Barfield, 447 F.2d 85, 88 (5th Cir. 1971).
cited Cited "see" United States v. Terry Lee Jensen and Paul Francis Merck
8th Cir. · 1972 · signal: see · confidence high
See Kelton v. United States, 446 F.2d 669 (8 Cir. 1971).
cited Cited "see" United States v. Otis Henson
8th Cir. · 1972 · signal: see · confidence high
See United States v. Kelton, 8 Cir., 446 F.2d 669, 671 .
discussed Cited "see, e.g." United States of America, Plaintiff-Apellee v. Kirk Baker (2×)
7th Cir. · 1974 · signal: see also · confidence medium
See also United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971). 15 The case before us is distinguishable from United States v. Cardi, 478 F.2d 1362, 1368 (7th Cir.), cert. denied, 414 U.S. 1001 , 94 S.Ct. 355 , 38 L.Ed.2d 237 (1973), where Cardi's own words were evidence of his knowing participation in the conspiracy to unlawfully sell narcotics.
cited Cited "see, e.g." United States v. Joseph P. Pfingst
2d Cir. · 1973 · signal: see, e.g. · confidence medium
See, e. g., United States v. Kelton, 446 F.2d 669, 671 (8th Cir. 1971); Battles v. United States, 388 F. 2d 799 , 801-802 & n.3 (5th Cir. 1968).
UNITED STATES of America, Appellee,
v.
Hilton Jerry KELTON, Appellant
20659.
Court of Appeals for the Eighth Circuit.
Aug 9, 1971.
446 F.2d 669
Robert G. Duncan, Kansas City, Mo., for appellant., Anthony P. Nugent, Jr., Asst. U. S. Atty., Bert C. Hurn, U. S. Atty., Patrick K. Monahan, Asst. U. S. Atty., Kansas City, Mo., for appellee.
Lay, Heaney, Bright.
Cited by 83 opinions  |  Published
LAY, Circuit Judge.

The defendant Hilton Jerry Kelton (hereinafter called Jerry) was found guilty under 18 U.S.C. § 2113 of willfully aiding and abetting the commission of a robbery of the Empire State Bank of Kansas City, Missouri. Defendant was acquitted of the charge of conspiring to commit the same robbery. On appeal we reverse the conviction and hold that the defendant is entitled to a judgment of acquittal on the ground that the evidence is insufficient to support the conviction.

On July 29, 1970, at 1:55 p. m. the Empire State Bank was robbed by three armed youths. These youths were later identified and arrested and subsequently admitted the robbery. All three testified at trial, admitting their criminal conduct, but stating that they were instructed and counseled by several other men. The record shows that the three boys were contacted on the morning of the robbery by two men, identified by the government as Earl Thomas Cole and Darris White. They were driven to the apartment of Milton Terry Kelton (hereinafter called Terry), the twin brother of the defendant. After their arrival one of the boys left with Terry and Cole to steal a car to use in the robbery. The others waited in the living room. There was testimony that at this time the defendant Jerry Kelton was present in the living room and was observed handling a gun. Thereafter everyone present, with the exception of the defendant, moved from the living room into the bedroom. At this time the three boys met with Cole, White, Terry Kelton and an unidentified man and planned the robbery. Terry provided them with guns during this meeting. After the plans were laid, the boys were driven to the bank and the robbery was committed. In making their get-away, the boys used one vehicle and threw the stolen bank money into another which was driven away by an unidentified man.

The government contends the defendant, Jerry Kelton, was guilty of aiding and abetting the robbery by the following evidence: (1) his presence in the apartment at the time the robbery was planned; (2) his handling a gun in the apartment before the robbery; (3) his handing a shirt to one of the boys before the robbery; and (4) proof of his unemployment for a year prior to the robbery and his possession of over $997 in bills at the time of his arrest the day after the robbery.

The trial court instructed the jury “if he (the defendant) did anything knowing that there was to be a robbery, if he helped in any way to carry it out, he would be just as guilty as if he were there and present.” The difficulty with the government’s proof is that there exists no evidence on the present record that the defendant knew there was to be a robbery or that he helped in any way to carry it out.

All of the government witnesses acknowledged that the defendant was not in the bedroom when the robbery plan was discussed. One of the young men as he was leaving to commit the robbery was dressed in an undershirt. He asked the defendant, Jerry Kelton, if he had an extra shirt. Jerry gave him a banlon shirt. No discussion was had concerning the robbery and no explanation was given as to why the shirt was needed. The evidence concerning the gun is equally innocent in circumstance. The testimony shows that Jerry handled the gun in the living room before the robbery; and that the gun was later given[*671] to one of the boys in the bedroom by Terry. However, it is undisputed that Jerry was not present when this occurred. Nothing in the testimony indicates that Jerry had knowledge of the use for which the gun was intended.

The crime of aiding and abetting is one requiring “specific intent” or as Judge L. Hand once described it “purposive attitude.” United States v. Peoni, 100 F.2d 401, 402 (2 Cir. 1938). Mere association, as opposed to participation, is not sufficient to establish guilt. Baker v. United States, 395 F.2d 368 (8 Cir. 1968); Ramirez v. United States, 363 F.2d 33, 34 (9 Cir. 1966). Nor is mere presence at the scene of a crime alone sufficient to sustain the burden of proof the government bears. United States v. Williams, 341 U.S. 58, 64, n. 4, 71 S.Ct. 595, 95 L.Ed. 747 (1951); Hicks v. United States, 150 U.S. 442, 450, 14 S.Ct. 144, 37 L.Ed. 1137 (1893); Johnson v. United States, 195 F.2d 673 (8 Cir. 1952). Presence must be accompanied by a culpable purpose before it can be equated with aiding and abetting. There is no evidence of such purpose shown here. As explained by the Court of Appeals for the District of Columbia in Bailey v. United States, 135 U.S.App.D.C. 95, 416 F.2d 1110, 1113-1114 (1969):

“Presence is * * * equated to aiding and abetting when it is shown that it designedly encourages the perpetrator facilitates the unlawful deed • — as when the accused acts as a lookout — or where it stimulates others to render assistance to the criminal act. But presence without these or similar attributes is insufficient to identify the accused as a party to the criminality.”

The necessity for proving facts other than presence has been explained as “an essential safeguard against the ever present danger of assuming the complicity of all in attendance whenever group activity is involved * * * The courts have the responsibility to make sure that mere speculation is not permitted to substitute for proof in such eases.” (Emphasis ours). United States v. Barber, 429 F.2d 1394, 1397 (3 Cir. 1970).

Evidence that an accused is unemployed and found in possession of a substantial sum of money shortly after a commission of a robbery is generally said to be admissible as corroborative of guilt. However, such proof standing alone or even coupled with the other factual evidence submitted here falls short of demonstrating that this defendant aided and abetted the crime in any way. Cf. United States v. Jones, 418 F.2d 818 (8 Cir. 1969). There is no claim that the bills found on the defendant were part of or even resembled packets of the stolen money. Cf. Crawley v. United States, 268 F.2d 808 (4 Cir. 1959).

It is true that the government is entitled to the benefit of all reasonable inferences to be drawn from the evidence. However, where the government’s evidence is equally strong to infer innocence of the crime charged as it is to infer guilt, the verdict must be one of not guilty and the court has a duty to direct an acquittal. See United States v. Jones, supra; Lerma v. United States, 387 F.2d 187, 188 (8 Cir. 1968); Sykes v. United States, 312 F.2d 232, 235 (8 Cir. 1963), cert. denied 373 U.S. 942, 83 S.Ct. 1551, 10 L.Ed.2d 698.

We find a total lack of evidence to show that the defendant engaged in some affirmative conduct in furtherance of the crime. Under the circumstances, there exists no predicate of proof to support the jury verdict.

Reversed and remanded with directions to enter a judgment of acquittal.