In what circumstances have courts allowed a defendant to plead no defense when he shot and killed a pedestrian during a robbery?

In People v. Hayes, supra, 38 Cal.3d 780, 214 Cal.Rptr. 652, 699 P.2d 1259, during two robberies the defendant shot and killed the robbery victims when they made sudden moves. The defendant presented no defense because at the close of the prosecution case the trial court announced its intention to instruct that intent to kill was not required.

Finally, in People v. Boyd, supra, 38 Cal.3d 762, 215 Cal.Rptr. 1, 700 P.2d 782, the defendant attempted to rob a passing pedestrian. When the victim replied he

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