California, United States of America
The following excerpt is from People v. Walker, A137905 (Cal. App. 2019):
In addition, where, as here, the jury is presented with a theory of first degree felony murder, "an accomplice is liable for killings occurring while the killer was acting in furtherance of a criminal purpose common to himself and the accomplice, or while the killer and the accomplice were jointly engaged in the felonious enterprise. [Citation.] In order to support defendant's conviction as an aider and abettor [of felony murder], therefore, the record must contain substantial evidence that (a) [the perpetrator] committed the robbery [to wit, the felony offense] (the perpetrator's actus reus), (b) defendant knew [the perpetrator's] intent to rob [to wit, to commit the felony] and intended to assist in the [commission of the felony] (the aider and abettor's mens rea), and (c) defendant engaged in acts that assisted the [felony] (the aider and abettor's actus reus)." (People v. Thompson (2010) 49 Cal.4th 79, 117.) Here, the jury was given the following instruction, modeled on CALCRIM No. 540B, with respect to accomplice liability for felony murder:
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.