Is there any case law in which a jury has been instructed that only the actual killer and not an accomplice must act deliberately, deliberately and with premeditation?

California, United States of America


The following excerpt is from The People v. Ruiz, B214515, No. BA325647 (Cal. App. 2010):

Lopez notes CALJIC No. 8.20 refers to the fact that the "slayer" must weigh and consider the question of killing, and Lopez suggests the jury might have read this reference to indicate that only the actual killer and not an accomplice had to act willfully, deliberately, and with premeditation. However, Lopez waived the above instructional issue by failing to request modification of the instruction. (People v. Palmer, supra, 133 Cal.App.4th at p. 1156.)

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