What is the test for a jury to convict a person for a planned assault that turned into a fatal bludgeoning?

However, while the above cases involved gang confrontations, the underlying principles informing the reasoning are not limited to crimes found to be committed for the benefit of a gang. Instead, the gang evidence was a factor that could be considered by the jury to conclude it was reasonably probable a target crime would lead to a homicide. Moreover, courts have affirmed jury findings of murder based on the natural and probable consequences theory in other types of cases as well. For example, in People v. Guillen (2014) 227 Cal.App.4th 934, multiple defendantsprison inmatesparticipated in a coordinated attack on the victim, also an inmate, in the belief that he was a child molester. There was evidence the defendants knew the beating would go beyond the normal "taxing" that occurs in prison, and many of the inmates were eager to participate. The beating was prolonged, lasting around 30 minutes. Between 30 and 50 inmates participated. (Id. at p. 995.) The court upheld a jury verdict finding the defendants guilty of second degree murder, concluding "there was sufficient evidence to conclude a reasonable person in [the defendants' position] would know murder was a natural and probable consequence of battery and assault with force likely to produce great bodily injury within jail culture." (Id. at p. 996.)

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Similarly, in a much earlier case, a court upheld murder convictions arising out of a planned assault that turned into a fatal bludgeoning. In People v. King (1938) 30 Cal.App.2d 185, 200-201, the court rejected the argument that a homicide was not a natural and probable consequence of a planned assault, even as to two participants who were not present during the actual murder. The court explained: "Here, several men set out to beat up another. In the words of [one defendant], he 'sent them over to tamp the chief.' Preparations were made for trouble. It was known that [the victim] was vigorous and strong. One [man involved in the beating], at least, prior to setting out on the expedition, equipped himself with a bludgeon. At the scene of the expected trouble others were asked to stand by. Not being able to get at the victim the first day, the majority returned the second day and proceeded to the victim's place of abode aboard ship. They prepared, and were prepared, to meet force with force and to overcome resistance at any cost. The natural and probable consequence of such an undertaking is homicide, and the homicide here committed by one of the conspirators is nothing less than murder." (Id. at pp. 200-201.)