People v. McCoy
Supreme Court of California
24 P.3d 1210 (2001)
Relevant factsFree
McCoy, the shooter in a drive-by shooting, claimed self-defense, and Lakey was convicted as his aider and abettor; the Court of Appeal held that had the jury been properly instructed on imperfect self-defense, McCoy likely would have been convicted only of voluntary manslaughter, and on that basis also reversed Lakey's first-degree murder conviction, reasoning an aider and abettor cannot be convicted of a more serious offense than the principal.
IssueFree
Whether an aider and abettor may be guilty of a more serious homicide offense than the principal.