In Re Joseph G.

34 Cal.3d 429 (1983)

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Nature of the Case

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Facts

Joseph G. (D) and a friend Jeff W both 16 years old drove to a local library and joined a number of friends. D and Jeff W both decided they would jump off a cliff and they meant to kill themselves. The pair affirmed their desires, then drove to a gas station, and put air in a front tire of the car. They shook hands with fellow classmates who they met at the gas station and then drove off in the direction of the cliff. The two classmates at the gas station followed them out of curiosity. D and Jeff proceeded up the hill, past the cliff and then D turned the car around and drove down around the curve and over the cliff. The impact killed Jeff and caused severe injuries to D with the amputation of a foot. A number of weeks after the incident, D told a friend that he had been drinking and that he had no reason to drive off the cliff and that it was stupid and that he did it on purpose. From the facts, D was charged with first-degree murder and aiding, and abetting. The aiding and abetting charges were dismissed, but the first-degree murder charge was not. The court found the murder was first-degree murder and D appealed. D argues that he can only be charged for aiding and abetting a suicide and not murder.