![]() ![]() They then drove to a residence where they believed there would be people who had been involved in the earlier incident. Orozco told police that after he and Contreras left the convenience store, they went to Orozco's *582 brother-in-law's house to get a gun. Orozco refused to testify at Contreras' trial, but a Grand Island police officer testified regarding statements Orozco made after his arrest. Contreras and Orozco left the parking lot, and witnesses testified that as they left, Contreras shouted that they were going to come back. The occupants of the Explorer became involved in a verbal altercation with the group in the parking lot, and beer bottles were thrown between the two groups. ![]() Contreras and Orozco came upon a group of people in the parking lot of a gas and convenience store. According to certain witnesses, there was an unidentified third person in the Explorer. On the evening of February 28, 2003, David Contreras and Ricardo Orozco were drinking beer and driving around Grand Island in a black Ford Explorer. In the instant case, the trial court refused to so instruct the jury and the State takes exception thereto. We conclude that it is proper to give an aiding and abetting instruction where warranted by the evidence, notwithstanding the fact that the document charging the defendant does not include aiding and abetting language. ยง 29-2315.01 (Supp.2003), we are primarily asked to provide an answer to the question whether it is proper for the trial court to include an aiding and abetting instruction in its charge to the jury where the charging document does not specifically recite aiding and abetting language. In this error proceeding brought by the State pursuant to. ![]() HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, AND MILLER-LERMAN, JJ. Judds, Sidney, of Milner, Neuhaus & Judds, for appellee. Tracy, Deputy Hall County Attorney, for appellant. ![]()
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