Opinion

People v. Durham

  • 70 Cal. 2d 171
  • 74 Cal. Rptr. 262
  • 449 P.2d 198
  • 1969 Cal. LEXIS 324
Court
California Supreme Court
Filed
Jan 21, 1969
Status
Published
Author
Tobriner
On the bench
Sullivan, Tobriner
Cited by
209 cases
Authority
More cited than 6.5%

"`aider and abettor . . . liable for the natural and reasonable or probable consequences of any act that he knowingly aided or encouraged'" (quoting People v. Villa, 156 Cal.App.2d 128, 134, 318 P.2d 828 (1957); emphasis deleted)

How later courts described this case

  • "`aider and abettor . . . liable for the natural and reasonable or probable consequences of any act that he knowingly aided or encouraged'" (quoting People v. Villa, 156 Cal.App.2d 128, 134, 318 P.2d 828 (1957); emphasis deleted)
  • describing aiding and abetting under California law

Written by the judges who cited it.

Distinguished

  • Distinguished by People v. Hamilton, 41 Cal. 3d 408 (1985)

    ) We distinguished Durham and Robillard on the ground that the motive of escape was central in those cases where the defendants shot and killed police officers during routine automobile stops.
    California Supreme CourtDec 31, 1985Read it
  • Distinguished by People v. Jackson, 28 Cal. 3d 264 (1980)

    We distinguished People v. Durham (1969) 70 Cal.2d 171, 191-192 [74 Cal.Rptr. 262, 449 P.2d 198], an opinion which contains principles of particular application to the case before us.
    California Supreme CourtOct 23, 1980Read it

The opinion

TOBRINER, J.

I concur in the affirmance of the judgments as to guilt for the reasons stated in Justice Sullivan’s opinion. I concur in the affirmance of the judgment imposing the death penalty on Robinson under compulsion of the majority’s holding in In re Anderson (1968) 69 Cal.2d 613 [ 73 Cal.Rptr. 21 , 447 P.2d 117 ], with respect to the constitutionality of the death penalty.

Peters, J., concurred.

The petition of appellant Robinson for a rehearing was denied February 19,1969.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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