If defendant and Rogers are convicted of second degree felony murder, can they be found guilty of furnishing and/or conspiring to murder?

California, United States of America


The following excerpt is from People v. Edwards, 216 Cal.Rptr. 397, 39 Cal.3d 107, 702 P.2d 555 (Cal. 1985):

9 Although defense counsel was unable to articulate a specific theory to support his request, ample support was provided by two cases brought to the trial court's attention during argument on the requested instruction. The first case was People v. Mayfield, supra, 225 Cal.App.2d 263, 37 Cal.Rptr. 340. As already discussed, Mayfield suggests that if defendant and Rogers were copurchasers of the heroin, defendant would not be guilty of furnishing and, therefore, could not be guilty of second degree felony murder.

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