What is the test for an aider and abettor to be found guilty of a murder if the intended assault results in the murder of another person?

California, United States of America


The following excerpt is from People v. A.G. (In re A.G.), H041178 (Cal. App. 2015):

"An aider and abettor is guilty not only of the intended, or target, crime but also of any other crime a principal in the target crime actually commits (the nontarget crime) that is a natural and probable consequence of the target crime. [Citations.] 'Thus, for example, if a person aids and abets only an intended assault, but a murder results, that person may be guilty of that murder, even if unintended, if it is a natural and probable consequence of the intended assault.' (People v. McCoy (2001) 25 Cal.4th 1111, 1117.)" (People v. Smith (2014) 60 Cal.4th 603, 611.) "A consequence that is reasonably foreseeable is a natural and probable consequence under this doctrine." (Ibid.)

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