People v. Washington, 62 Cal. 2d 777 (1965) p524.

Unintentional homicide

D was convicted of murder for participating in a robbery in which his accomplice was killed by the victim of the robbery.

D appeals from a judgement of conviction entered upon jury verdicts finding him guilty of first degree robbery and first degree murder and fixing the murder penalty at life imprisonment.

Can a robber be convicted of murder for the killing of any person by another who is resisting the robbery?

For a defendant to be found guilty of murder under the felony-murder rule the act of killing must be committed by the defendant or by his accomplice’s action in furtherance of their common design.

Judgement is affirmed as to conviction of first degree robbery and reversed as to his conviction of first degree murder.

The purpose of the felony murder rule is to deter felons from killing negligently or accidentally by holding them strictly responsible for killings they commit. This purpose is not served by punishing them for killings committed by their victims. Robber has little control over such a killing once the robbery is undertaken s this case demonstrates. Felony murder rule should not extend beyond any rational function that it is designed to serve.