Legal Opinion
People v. Wilkins
California Court of Appeal
Decided July 13, 1994No. B069829PublishedCited by 8 opinions
1Opinion of the Court
OPINION
If the defendant-shooter, in one trial, is acquitted of murder, may the defendant-aider and abettor, in another trial, be convicted of murder? Our answer is yes. Collateral estoppel, as we explain, does not bar the aider and abettor's conviction. We correct the judgment and, as corrected, affirm the judgment.
PROCEDURAL AND FACTUAL BACKGROUND
On May 22, 1990, the Los Angeles County District Attorney filed an information charging Donald Rose and Daniel Wilkins (appellant) with the September 5, 1987, murder (Pen. Code,1 § 187, subd. (a); count I) and robbery (§ 211; count II) of William…
2Cases cited28 opinions
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Alderman v. United StatesSupreme Court of the United States · 1969
- Dunn v. United StatesSupreme Court of the United States · 1932
- United States v. BallSupreme Court of the United States · 1896
- People v. DillonCalifornia Supreme Court · 1983
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3Cited by8 opinions
- People v. HughesCalifornia Supreme Court · 2002
- People v. PriceCalifornia Court of Appeal · 2017
- People v. Superior Court (Sparks)California Supreme Court · 2010
- People v. SummersvilleCalifornia Court of Appeal · 1995
- People v. RoseCalifornia Court of Appeal · 1997
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