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People v. Luparello

California Court of Appeal, Fourth District
231 Cal. Rptr. 832 (1986)



In an attempt to locate a former girlfriend, Luparello (defendant) enlisted several friends to obtain her whereabouts “at any cost” from Mark Martin. The friends, armed with a gun and sword, went to Martin’s house, lured him outside and then one of the men shot Martin, killing him. Luparello was charged with murder. The trial court instructed the jury that Luparello could be found guilty under an aiding-and-abetting theory. The jury convicted Luparello and he appealed, arguing that he could not be considered an aider and abettor in Martin’s murder if the crime was an unplanned and unintended act of a co-conspirator.

Rule of Law


Holding and Reasoning (Kremer, J.)

Concurrence (Wiener, J.)

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