Brief Fact Summary. Petitioner Taylor was charged with the murder of his co-felon who was shot by the victim in the course of an attempted robbery
Synopsis of Rule of Law. An accomplice to a robbery is vicariously liable for any killing attributable to the intentional acts of his co-felons that are committed with a conscious disregard for life.
Facts. Petitioner and co-defendant Daniels were charged with the murder of John H. Smith. Daniels and Smith attempted to rob a liquor store that was operated by Jack and Linda West. During the attempted robbery, Daniels repeatedly threatened that both him and Smith were armed and threatened to shoot if the store owners did not cooperate. Mrs. West, in an attempt to resist, fired several shots, hitting and killing Smith. Petitioner was waiting outside the store in a getaway car and was later connected with the crime and charged with the murder of Smith. Petitioner moves to set aside the murder count.
Issue. Can the petitioner be held accountable for the death of his co-felon where the decedent was killed by the hand of the robbery victim?