ANTHONY GILBERT PIZANO, Petitioner,
v.
THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
April 26, 1978.
April 26, 1978.
Attorney(s) appearing for the Case
COUNSEL
Charles B. Flood III, Public Defender, and Thomas A. Simonian, Deputy Public Defender, for Petitioner.
No appearance for Respondent.
Jay W. Powell, District Attorney, Brenton A. Bleier, Assistant District Attorney, David F. Rodriguez, Deputy District Attorney, Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and Charles J. James, Deputy Attorneys General, for Real Party in Interest.
Cecil Hick, District Attorney (Orange), Michael R. Capizzi, Assistant District Attorney, and Oretta D. Sears, Deputy District Attorney, as Amici Curiae on behalf of Real Party in Interest.
Supreme Court of California.
OPINION
CLARK, J.
(1a) The question presented is whether an armed robber — using his victim as a shield to effect escape — is guilty of murder under an implied malice theory when a third party — unaware of the victim's presence — accidentally kills the victim while trying to prevent the robber's escape.
Statements made by this court in People v. Gilbert (1965) ...
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