People v. Antick

15 Cal.3d 79 (1975)

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Nature of the Case

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Facts

Property having a value in excess of $200 was taken from the Valentine residence. This property included an adding machine, a typewriter, a check writer, a two-speaker stereo, and a Spanish-style television set. The Valentines, who were not at home at the time, were unable to furnish a description of the burglar. A short time later, Officers Smeaton and Petronzio noticed a Cadillac automobile in traffic with furniture or a stereo in the back seat and furniture in the trunk, whose lid was open and blocking the rearview mirror. The officers saw two people in the car; both driver and passenger appeared to be white male adults. The Officers lost sight of the Cadillac for a short time but came upon it in a parked position with its motor turned off. Officer Smeaton approached the driver's side. Officer Petronzio stationed himself near the front of the police car. Only the driver, Donald Bose, was in the Cadillac. Smeaton saw another person about 30 feet away approaching a nearby house. He could not identify D as the individual he had seen. Officer Petronzio did not notice anyone in the general vicinity. When questioned by Officer Smeaton, Bose gave evasive answers and made a furtive movement, apparently stuffing something underneath his leg. Bose was ordered out of the vehicle and to the front of the police car so as to frisk him. Seeing a revolver and holster on the front seat of the Cadillac and drawing his own gun, Officer Smeaton ordered Bose to put his hands on the hood of the police car. The officer saw the other suspect approaching the Cadillac. Bose then pulled another gun from his waist and fired at Smeaton. The officer returned the fire and Bose started running. Petronzio ordered him to stop and when he failed to do so fired again. Bose staggered and fell. He later died from the bullet wound. The Officers found the television set and other personal property that had been taken from the Valentine home. A green sweater and a set of car keys were also found in the car. When officers informed Bose's mother that her son had been killed in the shoot-out and that they were looking for D, whose Mustang was parked outside the Bose home and matched the car keys found in the Cadillac. Bose's mother told them that D had been living there for several months but that she did not know where he was. D was arrested a few days later. D denied that he had participated in the burglary. He testified that he did not own the green sweater found in Bose's car and neither wore nor carried it with him on September 28. D admitted that the car keys were his. D stated that he had placed them in the Cadillac on September 28 but had neglected to take them with him when he left Bose later that evening. D claimed that the items of stolen property found in his room and on his person were gifts from Bose. D was charged with first-degree murder for Bose’s death. The trial court instructed the jury on murder and murder based on the theory of vicarious liability. Under these instructions, D's conviction of first-degree murder may have been based upon either of two theories: (1) his participation in the commission of a burglary that resulted in the death of his accomplice, or (2) his vicarious liability for the crimes of his accomplice. D was convicted of murder and appealed.