PEOPLE v. CALDWELL

Docket No. Crim. 22557.

36 Cal.3d 210 (1984)

681 P.2d 274

203 Cal. Rptr. 433

THE PEOPLE, Plaintiff and Respondent, v. ERNEST EDWARD CALDWELL et al., Defendants and Appellants.

Supreme Court of California.

June 14, 1984.


Attorney(s) appearing for the Case

COUNSEL

Michael S. Magnuson and Quin Denvir, State Public Defender, under appointments by the Supreme Court, Therene Powell, Deputy State Public Defender, and Melanie Myers for Defendants and Appellants.

Sheldon Sherman as Amicus Curiae on behalf of Defendants and Appellants.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Edward T. Fogel, Jr., Carol Wendelin Pollack and Christine C. Franklin, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

REYNOSO, J.

Convicted of robbery and murder,1 defendants Ernest Edward Caldwell and Warren Edwin Washington appeal, claiming that they should not have been found guilty of the murder of a cofelon killed by police in the course of a shootout. Defendants claim that the cofelon's death proximately resulted from his own provocative conduct, for which, under...

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