What is the test for a defendant to be found guilty of aiding and abetting the murder of a person by accident?

California, United States of America


The following excerpt is from People v. Harvest, A125036 (Cal. App. 2013):

Second degree implied malice requires proof that the perpetrator committed an intentional act, "[t]he natural consequences of [which] are dangerous to human life, and [that] the act [] was deliberately performed with knowledge of the danger to, and with conscious disregard for, human life." (CALJIC No. 8.31.) Additionally, "it is not necessary to prove that the defendant intended that the act result in the death of a human being." (CALJIC No. 8.31.) Accordingly, a defendant may be convicted of aiding and abetting an implied-malice second degree murder if the defendant intended to, encouraged or facilitated the perpetrator's actions and intended "the additional criminal act" committed by the perpetrator. (See People v. Mendoza, supra, 18 Cal.4th at p. 1129.) No proof of specific intent to kill is required.

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