Is a defendant liable for second degree murder on an aiding and abetting theory?

California, United States of America

The following excerpt is from People v. Smith, 233 Cal.Rptr.3d 1, 4 Cal.5th 1134, 417 P.3d 662 (Cal. 2018):

that second degree murder was a natural and probable consequence of that offense. (See People v. Prettyman (1996) 14 Cal.4th 248, 58 Cal.Rptr.2d 827, 926 P.2d 1013.) On the prosecutions version of events, defendant was the shooter; on defendants version, he was brought to the apartment against his will by kidnappers. Neither version of events would have supported a conclusion that defendant was liable for second degree murder on an aiding and abetting theory.

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