Does a co-conspirator of a robbery and/or conspiracy to commit a murder in the perpetration of the crime have to be held responsible for the crime?
California, United States of America
The following excerpt is from People v. Ulsh, 211 Cal.App.2d 258, 27 Cal.Rptr. 408 (Cal. App. 1962):
'As declared in People v. Boss, supra: 'The law is also well settled that where two or more persons enter into a conspiracy to commit a robbery or burglary and one of the conspirators commits a murder in the perpetration of the crime, all of said conspirators are equally guilty with said co-conspirator of murder of the first degree, and it is no defense that those who did not actually participate in the killing did not intend that life should be taken in the perpetration of the robbery, or had forbidden
Page 415
In People v. Boss, 210 Cal. 245, 290 P. 881, the appellant made the contention 'that the homicide was committed after the robbery had been completed' and therefore section 187 of the Penal Code furnished the standard by which the degree of murder should be measured. The court said:
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