A store detective for Holiday Mart saw Ronald Soares (defendant) and Hollie Suratt (defendant) put several cartons of cigarettes into a shopping cart. The detective then saw Soares put the cigarettes into a large handbag. Soares and Suratt left the store without paying for the cigarettes. The detective confronted them outside the store and attempted to stop them. A store clerk also helped try to stop Soares and Suratt, but they were able to flee with the cigarettes. The State of Hawaii (plaintiff) charged Soares with being an accomplice, and a jury convicted him. The trial court’s jury instruction provided that all persons who were present and participated in the commission of a crime were responsible for the acts of each other done or made in furtherance of the crime. Soares appealed to the Hawaii Supreme Court.