Is first degree murder based upon conspiracy and lying in wait theories where the underlying crime is an assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Maciel, 199 Cal.App.3d 1042, 248 Cal.Rptr. 883 (Cal. App. 1987):
The next question presented is whether first degree murder may be based upon conspiracy and lying in wait theories where the underlying crime is an assault with a deadly weapon. Appellants maintain conspiratorial liability under these theories violates the principle of People v. Ireland (1969) 70 Cal.2d 522, 75 Cal.Rptr. 188, 450 P.2d 580. We disagree.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
When a defendant has been convicted of first degree murder based on a felony-murder theory, can the underlying felony be stayed? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Under what circumstances will a jury overturn a conviction for first degree murder based solely on a felony-murder theory? (California, United States of America)
Is the evidence sufficient to support a finding of first degree murder based upon the theory of felony murder? (California, United States of America)
In what circumstances will the jury be instructed that the crime of first degree murder requires unanimous agreement on a particular theory of murder? (California, United States of America)
