Is first degree murder based upon conspiracy and lying in wait theories where the underlying crime is an assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Maciel, 199 Cal.App.3d 1042, 248 Cal.Rptr. 883 (Cal. App. 1987):
The next question presented is whether first degree murder may be based upon conspiracy and lying in wait theories where the underlying crime is an assault with a deadly weapon. Appellants maintain conspiratorial liability under these theories violates the principle of People v. Ireland (1969) 70 Cal.2d 522, 75 Cal.Rptr. 188, 450 P.2d 580. We disagree.
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