In the crime of robbery with homicide, where conspiracy is present, what are the liabilities of those who took part in its commission?
In a prosecution for robbery with homicide, where conspiracy is present, it does not matter that the prosecution had failed to show who as between the two (2) accused actually stabbed the victim. Both accused are liable as co-conspirators since the act of a co-conspirator is the act of the other regardless of the precise degree of participation in the act. When the conspiracy to commit the crime of robbery is conclusively shown by the concerted acts of the accused, and homicide is committed as a consequence thereof, all those who took part as principals in the robbery would also be held liable as principals in the complex crime of robbery with homicide although they did not take part in the homicide unless it appears that they attempted to prevent the killing.
