California Criminal Lawyer Blog

This is a provocative act murder case. A, B, and C try to kill D. In self defense, D kills C. The Cal. Supremes here hold that A and B can be convicted of first degree murder. The defendant must act with malice, must intend to kill, and must act with premeditation. The defendant or accomplice must proximately cause a killing. That killing can then be a first degree murder even in the provocative act situation. The Supremes stress that the jury must be instructed, and must find, that each defendant acted with intent and premeditation.

People v. Concha; 2009 DJ DAR 16039; DJ, 11/13/09; Cal. Supremes