People v. Washington

Supreme Court of California · 1965 · Criminal Law

Criminal LawFelony MurderRobberyAccomplice Liabilityfelony murderrobberyagency theoryaccomplice killed by victim

Facts

As a gasoline station was closing, an attendant was depositing money in a vault while Carpenter, the station operator, was in his office. After hearing someone yell "robbery," Carpenter armed himself, and when Ball entered the office and pointed a revolver at him, Carpenter immediately fired and mortally wounded Ball. Carpenter then saw an unarmed man he identified as defendant running from the vault with a moneybag, and Carpenter shot defendant as he fled. Defendant was convicted of robbery and of first degree murder for Ball's death.

Issue

Can a robber be convicted of murder under California's felony-murder rule when the person killed is not killed by the robber or his accomplice, but instead is killed by the victim while resisting the robbery? More specifically, does Penal Code section 189 apply when the robbery victim kills one of the felons?

Rule

For a defendant to be guilty of murder under the felony-murder rule, the act of killing must be committed by the defendant or by his accomplice acting in furtherance of their common design. When the killing is committed by the victim or another resisting the felony, malice is not imputed to the robber under section 189 merely because the killing was a foreseeable risk or proximate result of the robbery.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Late at night in Fresno, Diego Morales and Evan Pike entered a neighborhood pharmacy intending to rob it. When Evan pointed a pistol at the cashier, the cashier drew a lawfully kept handgun and fatally shot Evan while Diego ran toward the door with cash.

Under the majority rule, can Diego be convicted of first degree murder under the felony-murder rule for Evan's death?

Explanation. Felony murder applies only when the killing is committed by the defendant or by an accomplice acting in furtherance of their common design. When the victim resists and does the killing, malice is not imputed under section 189 merely because the death was foreseeable or proximately caused by the robbery.