Is a murder conviction sustained on the theory that the murder was committed in the course of robbery?
California, United States of America
The following excerpt is from People v. Marshall, 15 Cal.4th 1, 61 Cal.Rptr.2d 84, 931 P.2d 262 (Cal. 1997):
[15 Cal.4th 37] Because, as previously explained, the evidence in this case is insufficient to support defendant's robbery conviction, it is also insufficient to support the conclusion that the murder occurred in the perpetration or attempt to perpetrate a robbery. (People v. Green, supra, 27 Cal.3d at p. 52, 164 Cal.Rptr. 1, 609 P.2d 468.) Thus, the first degree murder conviction cannot be sustained on the theory that the murder was committed in the course of robbery.
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