People v. Durham

70 Cal.2d 171 (1969)

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Nature of the Case

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Facts

Police stopped a suspicious car. Durham (D) and the driver of that car got out and walked back toward the stopped police car. The passenger in the stopped car, Robinson, remained seated in the car. D was asked for his driver's license and produced what appeared to be a plastic credit card. The other officer then asked Robinson to come out of the car and to the rear where D and the officer's partner were standing. Robinson complied, and when Officer Du Puis asked him to raise his hands to check for weapons, Robinson drew a gun and ordered the officers not to move. Officer Du Puis reached for his gun and was shot in the mouth. Officer Treutlein fired at Robinson and hit him and controlled the situation and radioed for help. D was ordered to maintain his position and Robinson raised his gun towards Officer Treutlein; a warning shot was fired, and Robinson put his gun down. D was found to have a knife in his coat pocket. Officer Du Puis died eleven days later from the gunshot wound. During trial a considerable volume of evidence was entered regarding the joint activities the three proceeding weeks. D objected to this evidence but it showed that both were on parole, that Robinson was subject to arrest for violation of parole, that both Ds robbed a store in Ohio, robbed another store in Nebraska and that Robinson used the same gun in both of those robberies threatening to shoot a cashier in one of them and then firing getaway shots and that the car they were riding in was stolen. The prosecution argued that D was a party in compact of criminal conduct that included forcible resistance and the use of deadly weapons. D was convicted and sentenced to life. Robinson was sentenced to death. D appealed.