What is the test for a jury to convict a defendant of murder in a "special circumstance" where the accused was killed during a robbery and burglary?
California, United States of America
The following excerpt is from People v. Hein, 104 Cal.Rptr.2d 85 (Cal. App. 2001):
Relying on People v. Green (1980) 27 Cal.3d 1 and People v. Thompson (1980) 27 Cal.3d 303, appellants argue that, in finding the special circumstance to be true, the jury was required to make two findings: 1) That the murder was committed during the commission or attempted commission of a robbery or burglary; and 2) that the murder was committed to advance the commission of the attempted robbery/burglary or to facilitate the escape.
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