Taylor v. Superior Court

3 Cal.3d 578, 477 P.2d 131 (1970)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Taylor v. Superior Court

California Supreme Court
3 Cal.3d 578, 477 P.2d 131 (1970)

Facts

Linda West and her husband Jack West owned a liquor store. James Daniels entered the store and asked Mr. West for cigarettes. When Mr. West went behind the store counter to retrieve the cigarettes, Daniels’s accomplice John Smith also entered the store. Smith and Daniels approached the counter, drew guns, and told Mr. West to put all of the money from the cash register into a bag. Daniels repeatedly threatened Mr. West, stating that they would “execute” Mr. West if he failed to comply, and both Daniels and Smith appeared intense and agitated. Mrs. West was on a ladder in another part of the store, and when Smith and Daniels forced Mr. West onto the floor, Mrs. West drew the gun she was carrying and shot Smith. Smith turned and fired at Mrs. West, but missed. Mr. West drew a gun from beneath the counter and also shot Smith, while Mrs. West shot Daniels as he fled from the store. Smith died from the multiple gunshot wounds. Alvin Taylor (defendant) was driving the getaway car and was later arrested, as was Daniels. Daniels and Taylor were charged with two counts of assault with a deadly weapon against Mr. and Mrs. West, and with one count of murder for Smith’s death. Taylor moved to have the murder charge set aside, but the superior court denied the motion. The Supreme Court of California issued an alternative writ of prohibition to determine whether the murder charge could proceed.

Rule of Law

Issue

Holding and Reasoning (Burke, J.)

Dissent (Peters, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 743,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 743,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 743,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership