What is the test for a first degree murder conviction where conspiracy and aiding and abetting are proven?

California, United States of America


The following excerpt is from People v. Rodriguez, G036855 (Cal. App. 9/27/2007), G036855 (Cal. App. 2007):

To support a first degree murder conviction, where conspiracy and aiding and abetting are proven, the prosecution need not show defendant's premeditation and deliberation; it must only prove the perpetrator had such mental state. (People v. Sanchez (1995) 12 Cal.4th 1, 33.)

Other Questions


Can an offender be convicted of first degree murder based on direct aiding and abetting principles or under the felony-murder rule? (California, United States of America)
Can an aider and abettor be convicted of first degree premeditated murder based on direct aiding and abetting principles? (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)
What is the test for setting aside a judgment of conviction of aiding and abetting first degree felony murder? (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)
What if a jury convicted appellant of either first degree or second degree murder and also convicted him of grand theft person? (California, United States of America)
How have courts reduced a convicted first-degree murderer's sentence to second-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)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.