In what circumstances will a perpetrator and aider and abettor be convicted of second degree murder at the same trial of the perpetrator and the perpetrator be reduced to manslaughter?
California, United States of America
The following excerpt is from People v. Summersville, 34 Cal.App.4th 1062, 40 Cal.Rptr.2d 683 (Cal. App. 1995):
3 In People v. Blackwood (1939) 35 Cal.App.2d 728, 96 P.2d 982, the perpetrator and the aider and abettor were convicted in the same trial of first degree murder and second degree murder, respectively, with the second degree murder conviction then reduced to manslaughter. (Id. at pp. 729, 733, 96 P.2d 982.) The reviewing court affirmed. (Id. at p. 729, 96 P.2d 982.) It stated:
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