Can an accused be convicted of murder for the killing of his accomplice by a police officer?

California, United States of America


The following excerpt is from People v. Caldwell, 203 Cal.Rptr. 433, 36 Cal.3d 210, 681 P.2d 274 (Cal. 1984):

Today's majority opinion holds that an accused may be convicted of murder for the killing of his accomplice by a police officer on the basis of (1) malicious acts that posed no threat at the time of the killing and (2) the "malicious" act of holding--but not pointing--a gun. In so ruling, the majority distort the prior decisions of this court and seriously undermine the well-established principle that the felony-murder rule does not apply to killings committed by persons other than the felons themselves. (See People v. Washington (1965) 62 Cal.2d 777, 783, 44 Cal.Rptr. 442, 402 P.2d 130.)

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