People v. Antick

539 P.2d 43, 15 Cal. 3d 79 (1975)

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People v. Antick

California Supreme Court
539 P.2d 43, 15 Cal. 3d 79 (1975)

Facts

Frank Antick (defendant) and Donald Bose robbed a house. Afterward, the two men separated, and the police tried to arrest Bose. Bose shot at the police officers, who returned fire, killing Bose. Antick was arrested and charged with first-degree murder for Bose’s death. At trial, the jury was instructed that Antick was guilty of felony murder if he participated in the robbery and if Bose died during the commission of the robbery. The jury was also instructed that, alternatively, if Antick was Bose’s robbery accomplice, Antick could be held vicariously liable for Bose’s crimes, including Bose’s crime of shooting at the police, which led to Bose’s own death. Thus, Antick could be held vicariously liable for killing Bose. The jury convicted Antick of first-degree murder. On appeal, Antick argued that the evidence could not support a finding that he had committed murder under either a felony-murder or a vicarious-liability theory.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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