Berryhill v. State

1. Where two or more persons conspire to rob another who is employed in a building, and one of the conspirators keeps wateh or guard at a convenient distance while the others enter the building and, in furtherance of the common design to rob, kill the person intended to be robbed, sueh killing is a probable consequence of the unlawful design to rob, and all the conspirators are guilty of murder, including the one on guard. Penal Code (1910), § 42; 1 Wharton’s Criminal Law (11th ed.), § 258; Wharton on Homicide (3d ed.l, 660, § 430; Clark’s Criminal Law (2d ed.), 106, § 47; Brennan v. People.…