Supreme Court of California
449 P.2d 198 (1969)
Durham (defendant) and Robinson committed many armed robberies across the country as they drove toward California. Once they arrived in California, the two stole a car from a car agency and replaced the California plates with Ohio plates. While driving this stolen car late at night, they were stopped by two officers. Durham and Robinson were asked to step out of the car and both complied. However, Robinson took out a pistol and shot one of the police officers. Durham did not attack the officers in any way. The police officer died from the resulting wound a few days later. Durham and Robinson were both charged and convicted of first degree murder, with Durham sentenced to life in prison and Robinson sentenced to death. Durham appealed his conviction to the California supreme court.
Rule of Law
Holding and Reasoning (Sullivan, J.)
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