Is a homicide committed in an attempt to perpetrate robbery a murder of the first degree?
California, United States of America
The following excerpt is from People v. Watson, 132 Cal.App.2d 70, 281 P.2d 564 (Cal. App. 1955):
In People v. Siu, 126 Cal.App.2d 41 at page 43, 271 P.2d 575 at page 576, it was said: 'But if a person formulates the intent and then proceeds to do something more which in the usual course of natural events will result in the commission of a crime, the attempt to commit that crime is complete.'
A homicide committed in an attempt to perpetrate robbery is murder of the first degree. Pen.Code, 189; People v. Anderson, 1 Cal.2d 687, 689, 37 P.2d 67.
The trial court did not err in finding that the crime was murder of the first degree
The judgment is affirmed.
SHINN, P. J., and VALLEE, J., concur.
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