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eBook details

• Title: People V. Caldwell
• Author : Supreme Court Of California
• Release Date : January 14, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Convicted of robbery and murder,*fn1 defendants Ernest Edward Caldwell and Warren Edwin Washington appeal, claiming that they should not have been found guilty of the murder of a cofelon killed by police in the course of a shootout. Defendants claim that the cofelon's death proximately resulted from his own provocative conduct, for which, under our decisions, they cannot be held vicariously liable. More broadly, they wish us to reconsider the now settled rule that, though the felony-murder rule does not extend to killings by victims or police, such killings which proximately result from provocative conduct by one of the felons which exhibits a conscious disregard for life and a high probability of resulting in death constitute murder without the necessity of any "imputation" of malice. The record discloses substantial evidence of malicious conduct  by the defendants themselves, and we decline their invitation to reconsider settled  decisional law. Accordingly, we will affirm.

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