People v. Smith
Annotate this CaseAfter a jury trial, Defendant, a member of a violent criminal street gang, was convicted of the murders of two of his fellow gang members even though he neither personally killed them nor desired their deaths. Defendant was convicted of the murders on the theory that he aided and abetted the persons who actually shot the victims in committing the target crimes of disturbing the peace and assault or battery and that the murders were “a natural and probable consequence” of the target crimes. The court of appeal affirmed the murder convictions. The Supreme Court affirmed, holding that, under the peculiar circumstances of this case, a reasonable jury could find that Defendant aided and abetted the target offenses and that defendant was guilty of the nontarget murders because they were the natural and probable consequence of the target offenses.
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