Legal Opinion

People v. Bearss

California Supreme Court

Decided July 1, 1858PublishedCited by 17 opinions

Appeal from the District Court of the Fourth Judicial District, County of San Francisco. The defendant was indicted with Whithurst and Roberts for the crime of murder in the first degree.

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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. The defendant was indicted with Whithurst and Roberts for the crime of murder in the first degree. The indictment charges all the parties as principals, but in its statement of the facts constituting the offence, alleges that the fatal blow was struck by Whithurst, and that Roberts and Bearss stood by and abetted and assisted, “ as accessories before the fact, and thereby became principals” with him “in the perpetration of the crime.” It would seem from the record that, on the trial, the words…

1Opinion of the Court

Field, J., after stating the facts, delivered the opinion of the Court

Terry, C. J., and Burnett, J., concurring.

By the common law, aiders and abettors who are present and participate in the perpetration of a crime, are regarded as principals in the second degree ; and where, in an indictment for murder, two arc charged as principals, one as chief perpetrator, and the other as present, aiding and abetting, it is immaterial which of them is alleged to have given the mortal blow, for the injury given by one is, in contemplation of law, inflicted by each. (Foster, 351; East’s Pleas of the Crown,…

2Cases cited1 opinion

  1. Keithler v. StateMississippi Supreme Court · 1872

3Cited by17 opinions

  1. Standefer v. United StatesSupreme Court of the United States · 1980
  2. People v. TaylorCalifornia Supreme Court · 1974
  3. State v. PetryWest Virginia Supreme Court · 1980
  4. People v. WoodsCalifornia Court of Appeal · 1992
  5. People v. BlackwoodCalifornia Court of Appeal · 1939

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