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Criminal Law Keyed to Kadish
People v. Jennings
Citation:
50 Cal.4th 616 (Cal. 1991)Facts
Shaun Jennings and his accomplice entered the victim’s home with the intent to commit robbery. Both men were armed with firearms. During the course of the robbery, Jennings’s accomplice shot and killed the homeowner. Although Jennings did not personally fire the fatal shot, he was an active participant in the underlying felony of robbery and burglary. The prosecution presented evidence that Jennings had helped plan the robbery, entered the home with his co-felon, was armed during the commission of the crime, and continued with the robbery after the shooting occurred. The defense argued that Jennings should not be held liable for first-degree murder because he did not personally kill the victim or intend for the killing to occur.
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