People v. Washington, 62 Cal. 2d 777 (1965) Case Brief Summary | Law Case Explained

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People v. Washington, 62 Cal. 2d 777 (1965)
Under the felony-murder rule, a defendant who commits an inherently dangerous felony is guilty of first-degree murder, without the need to prove intent. The usual situation involves a defendant or his accomplice in the felony committing the killing. But in People versus Washington, a victim kills one of the felons. Should the felony-murder rule make the surviving felon guilty of first-degree murder?
On the evening of October 2nd, 1962, James Washington arrived with James Ball and another man at a gas station owned by Johnnie Carpenter. Carpenter was in his office preparing to close the station. Carpenter tallied the day’s receipts while an employee in the next room deposited money in the vault. Hearing someone yell robbery, Carpenter retrieved a revolver from his desk. Ball entered Carpenter’s office and pointed a gun at him. Carpenter fired his revolver, killing Ball. Carpenter then saw Washington running out of the station with a moneybag.
Washington was charged with robbery and first-degree murder for the death of his accomplice, Ball. First-degree murder required malice aforethought, established when the defendant has an intent to kill or conscious disregard for the consequences to human life. However, according to the felony-murder rule, malice aforethought was attributed to the defendant if the killing occurred in the perpetration of an inherently dangerous felony.
Under the felony-murder rule, Washington was convicted of robbery and first-degree murder. Washington appealed to the California Supreme Court.
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[@PBE86]

Gangbangers & armed robbers get convicted of this all the time.