Can a defendant be convicted of second degree implied malice murder based on indirect aider and abettor theory?
California, United States of America
The following excerpt is from People v. Torres, F073750 (Cal. App. 2019):
degree murder based on indirect aider and abettor theory where target crime of felony child abuse was affirmatively aided and abetted] and People v. Rolon (2008) 160 Cal.App.4th 1206 (Rolon) [approving instructions permitting conviction for second degree implied malice murder based on indirect aider and abettor theory, where aiding and abetting liability for the target crime of felony child abuse was itself based on a failure to act in face of legal duty to act].
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