Taylor v. Superior Court
Supreme Court of California
477 P.2d 131 (1970)
Two armed men, Daniels and Smith, robbed a liquor store owned by Mr. and Mrs. West, drawing guns and repeatedly threatening to "execute" Mr. West while acting intense and agitated. When the robbers forced Mr. West to the floor, Mrs. West drew her own weapon and shot Smith; in the exchange of gunfire that followed between the Wests and the two robbers, Smith was killed. Alvin Taylor was the getaway driver and was arrested along with Daniels; both were charged with assault against the Wests and with murder for Smith's death. Taylor moved to have the murder charge set aside, and after the trial court denied the motion, the California Supreme Court issued an alternative writ of prohibition to decide whether the murder charge could proceed.
Whether a defendant can be held liable for murder when a robbery victim, provoked by the defendant's or his accomplices' conduct, kills one of the robbers in self-defense.