Summary of State v. Hanks
App Ct. Connecticut, 1995 

Facts: Within a year’s time farm equipment was being stolen in TX an NM.  LEO received info that Df Payan was selling the tractors in Mexico. Ancira was arrested while attempting to transport stole tractor across the border.  He had invoices with Payan’s name listed as purchaser.

Issue: Whether a person can be convicted of transportation of stolen goods and conspiracy to transport stolen goods simultaneously?

Holding: Yes

Procedure: Conviction for 1 ct conspiracy, 15 ct transportation of stolen goods.  Affirmed.

Rule: Whoever commits an offense, or aids is punishable as the principle.  Whoever willfully causes an act, if done by himself, is punishable as the principle.

WHARTON -Where it is impossible under any circumstances to commit the substantive crime w/o cooperative action, the agreement between the parties to commit the offense is not a conspiracy.

Ct Rationale:  The aiding offense is not the target offense, transportation of stolen goods is that target offense.  Df caused another to engage in that activity, where if he were to have engaged in it directly, is the principle offense.  Wharton’s rule is to be applied in the absence of legislative intent to the contrary.  Congress found no duplication or conflict.  The offense does not require plurality of agents.

PL A: The Df engaged in an offense, and aided in the offense, multiple times, where he was both the principle actor and the aider to the furtherance of the crime.

Def A: A Df cannot aid and abet himself.

Congruence -likeness or similarity