
    State vs. Brooks and another.
    
      March 9
    
    March 11, 1909
    
    
      Criminal law: Rape: Conviction of person aiding.
    
    One who was present and aided and abetted another to commit-rape may himself he convicted of rape although he did not have-carnal knowledge of the woman.
    CeRtipied from the circuit court for Vilas county: A. H. Reid, Circuit Judge.
    
      Question answered in the affirmative.
    
    Both defendants were in due form charged with the crime-of rape. The proof was to the effect that Brooks had carnal knowledge of the body of the prosecutrix, the act being characterized by all essentials of the crime charged, that Burns-was present and aided and abetted Brooks in the commission of the offense, but did not himself have carnal knowledge of the woman. Both were in due form found guilty, and the-cause was duly reported to this court for answer to the question of whether, under such a charge and. such proof, it was competent to so convict Burns. While the cause was pending here a question similar to that certified up was presented in Vogel v. State, ante, p. 315, 119 N. W. 190, and January 5, 1909, decided in the affirmative, whereupon a request was made, signed by the circuit judge who reported the cáse, by the defendant Burns, and by his attorney, as well as by the prosecuting attorney of Vilas county, for answer to be made to the question submitted as aforesaid in accordance with the 'decision in the Vogel Case, and for a return of the record as soon as practicable to the circuit court for Vilas county.
   Per Curiam:

The question submitted is in accordance with the decision of this court in Vogel v. State, ante, p. 315, 119 N. W. 190, answered in the affirmative, and the case is remanded to the circuit court for Vilas county, Wisconsin, for further proceedings according to law,' and the clerk of this court is directed to remit the record as speedily as practicable.  