People v. Antick

15 Cal.3d 79 (1975)

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Nature of the Case

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Facts

A home was burglarized of property some of which was so large that it required two people to move the property. At about 9 pm two police officers notice a car carrying what appeared to be furniture blocking the rear-view mirror. They lost sight of the car for a few minutes and then spotted it again with its motor off on the side of the road. They approached the car and saw a second person about 30 feet from the car. When the driver was questioned by the police, he gave evasive answers and made movements that aroused the officer's suspicions. The driver was ordered from the car for a frisk. A revolver and holster was spotted on the front seat, and the officer then drew his gun and ordered the drive to place his hands on the hood of the police car. The driver then pulled a gun from his waist and fired on the officers. The officers returned fire as the driver ran away. Eventually, the driver was hit and died of his wounds. A search of the car revealed the stolen items. The second person was not apprehended at the scene and could only be identified by a green sweater and keys to Antick's (D) car found in the car that was stopped by the police. D had been living with the driver, and stolen items from another burglary were found in D's room. The jury found that D was the second person involved in the burglary. D was tried for murder on the theory that he was in some way responsible for the death of the driver his criminal partner. D was convicted and appealed.