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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.

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