What is the test for a jury to convict an appellant of first degree murder on a theory of natural and probable consequences?
California, United States of America
The following excerpt is from People v. Thomas, A159916 (Cal. App. 2021):
As we said, appellant was not convicted of first degree murder on the theory invalidated in People v. Chiu (2014) 59 Cal.4th 155 (Chiu)which held that an aider and abettor may not be found guilty of first degree murder on a theory of natural and probable consequences3and "[i]n both the jury
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