Is a murder conspirator necessarily guilty of first degree murder?

California, United States of America


The following excerpt is from People v. Anthony, 244 Cal.Rptr.3d 499, 32 Cal.App.5th 1102 (Cal. App. 2019):

First, as we have already discussed, murder conspirators are necessarily guilty of first degree murder. ( People v. Cortez , supra , 18 Cal.4th at pp. 12371238, 77 Cal.Rptr.2d 733, 960 P.2d 537.)

Other Questions


When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Is there any evidence that the instruction that a defendant was either guilty of murder in the first degree or innocent in the second degree or guilty of manslaughter was incorrect? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Is a defendant's argument that he is not guilty of the crime of second degree murder of a fetus challenge his guilt of second-degree murder? (California, United States of America)
When a crime is into degrees, what is the test for determining whether a defendant is guilty of first degree murder? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.