NCJ Number
6484
Journal
West Virginia Law Review Volume: 74 Issue: 1-2 Dated: (NOVEMBER/ JANUARY 1971-72) Pages: 204-209
Date Published
Unknown
Length
6 pages
Annotation
RECENT CALIFORNIA DECISION, IN WHICH DEFENDANT WHO COULD NOT BE CONVICTED UNDER THE FELONY-MURDER DOCTRINE WAS CONVICTED ON THEORY OF VICARIOUS LIABILITY.
Abstract
THE CASE IS A REINSTATEMENT OF AN APPLICATION OF THE FELONY-MURDER RULE ABOLISHED IN AN EARLIER DECISION THAT A FELON COULD NOT BE CONVICTED OF THE MURDER OF HIS PARTNER WHO IS KILLED BY THE VICTIM. IN THIS CASE THE COURT REASONED THAT THE ROBBER POINTED A GUN AND THREATENED TO USE IT, WHILE IN THE OTHER CASE THE ROBBER SAID NOTHING.