People v. Washington

62 Cal.2d 777, 44 Cal.Rptr. 442, 402 P.2d 130 (1965)

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Nature of the Case

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Facts

Washington (D) and Ball robbed a gas station. The gas station was owned by Carpenter. Ball entered Carpenter's office and pointed a gun at him. Carpenter immediately fired his gun at Ball, killing him. D was convicted of first-degree robbery. He was also convicted of first-degree murder because he participated in a robbery in which his accomplice was killed. D appealed, claiming that he should not be liable for a killing done by a person who was resisting a robbery.