This case has been cited 1 times or more.
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2003-04-24 |
CALLEJO, SR., J. |
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| (4) by reason of the robbery or on the occasion thereof,homicide is committed.[18] A conviction for robbery with homicide requires certitude that the robbery is the main purpose and objective of the malefactor and the killing is merely incidental to the robbery. The animo lucrandi must proceed the killing. If the original design does not comprehend robbery, but robbery follows the homicide either as an afterthought or merely as an incident of the homicide, then the malefactor is guilty of two separate crimes, that of homicide or murder and robbery, and not of the special complex crime of robbery with homicide, a single and indivisible offense.[19] It is the intent of the actor to rob which supplies the connection between the homicide and the robbery necessary to constitute the complex crime of robbery with homicide.[20] | |||||