Felony-Murder - Surviving Co-felons are Punishable for First Degree Murder Under California Penal Code Section 189 for the Killing of a Confederate by the Owner of the Store which They were Robbing (People v. Hand, Cal. 1963)

Authors

Robert C. Baxley

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Recent Cases

Abstract

In the process of executing a planned robbery of a store, one of four robbers was killed by the owner. The store had been previously robbed and the owner was waiting for such a recurrence. Held, on demurrer to the indictment, the surviving felons were punishable for first degree murder because the legislature intended this fact situation to be within the purview of section 189 and because of a strong public policy as a deterrent to violent felonies. People v. Hand, Crim. No. 5471, Super. Ct., San Diego (July 22, 1963).

Recommended Citation

Robert C. Baxley, Felony-Murder - Surviving Co-felons are Punishable for First Degree Murder Under California Penal Code Section 189 for the Killing of a Confederate by the Owner of the Store which They were Robbing (People v. Hand, Cal. 1963), 1 San Diego L. Rev. 108 (1964).
Available at: https://digital.sandiego.edu/sdlr/vol1/iss1/11