In re Joe R.
Supreme Court of California
612 P.2d 927 (1980)
Joe R. (defendant) and accomplice Michael Ryles robbed Wayne Anderson at gunpoint after fleeing an earlier robbery; Ryles pointed his gun at Anderson's head and threatened to shoot him, and Joe also threatened Anderson would be shot but never drew his own gun. When Anderson grabbed for Ryles's gun, Joe struck him in the back of the head during the struggle, but Anderson gained control of the gun and, as Joe fled, shot and killed Ryles. Joe was convicted of robbery and murder based on his accomplice's death, and he appealed, arguing the evidence didn't support the murder charge.
Whether a defendant may be convicted of murder for his accomplice's killing by a felony victim, when the defendant's only act beyond the underlying felony (striking the victim during a struggle for the gun) occurred after the victim had already been provoked into resisting lethally.