In what circumstances will a defendant be found guilty of murder in the first degree for the attempted robbery of a convenience store?

In People v. Manriquez, 188 Cal. 602, 206 P. 63, 20 A.L.R. 1441, the facts were that a homicide resulted from the attempt of the defendant and two others to rob a store. The defendant testified that as soon as he 'put his gun on him [the Chinese proprietor] * * * he tried to grab it. * * * When the Chinaman grabbed at me, the pistol went off, and he went down, and I ran out.' Although the immediate force which caused the revolver to go off was supplied by the victim in grabbing the gun, the defendant and his accomplices were [176 Cal.App.2d 342] held to be guilty of murder in the first degree and their conviction was affirmed.

In People v. Cabaltero, 31 Cal.App.2d 52, 87 P.2d 364, one of several confederates killed another of the confederates while they were engaged in perpetrating robbery in furtherance of a common purpose. Conviction for murder of the first degree was affirmed. After quoting Penal Code, section 189, the court stated (31 Cal.App.2d at page 56, 87 P.2d at page 366):