Does defendant have to be held liable for theft from the body of a dead person if he is convicted of the crime of aiding and abetting his own escape?

California, United States of America


The following excerpt is from People v. Davis, 166 Cal.App.3d 760, 212 Cal.Rptr. 673 (Cal. App. 1985):

We are not persuaded to the contrary by defendant's argument by analogy that because he took advantage of a situation that was created by others, he is like "the person who removes property from a corpse killed by another, and who is therefore guilty of the lesser crime of theft from a corpse, not robbery." Nor are we persuaded by defendant's citation to People v. Markus (1978) 82 Cal.App.3d 477, 147 Cal.Rptr. 151, for the proposition that in order to hold a person liable for a crime on the theory that he was an aider and abettor, it must be shown that he knew the extent of the acts committed by the actual perpetrators of the crime. Defendant did not aid and abet his own escape nor was he charged with aiding and abetting another prisoner's escape by force or violence.

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