Is there substantial evidence that robbery was more than "incidental" to the murder?
California, United States of America
The following excerpt is from People v. Webster, 285 Cal.Rptr. 31, 54 Cal.3d 411, 814 P.2d 1273 (Cal. 1991):
Defendant claims there was no substantial evidence, for purposes of the robbery-murder special circumstance, that the robbery was more than "incidental" to the murder. (People v. Green, supra, 27 Cal.3d 1, 59-62, 164 Cal.Rptr. 1, 609 P.2d 468.) On the contrary, two prosecution witnesses testified at length to a plan of murder for the purpose of robbery. The record fully supports a robbery-murder special-circumstance finding.
12. Miscellaneous contentions.
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