California, United States of America
The following excerpt is from People v. Reyes, G040778 (Cal. App. 12/8/2009), G040778 (Cal. App. 2009):
Citing a footnote in People v. Cervantes, supra, 26 Cal.4th 860, defendant notes a person's criminal liability for "unlawful conduct . . . proximately caus[ing] an intermediary to kill through a dependent intervening act . . . will be fixed in accordance with his criminal mens rea." (Id. at p. 873, fn. 15.) Thus, "[i]f the defendant proximately causes a homicide through the acts of an intermediary and does so with malice . . ., his crime will be murder . . .," but the crime of a "defendant [who] proximately causes a homicide through the acts of an intermediary . . . without malice, . . . will be manslaughter . . . ." (Ibid.)
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