Shortridge

The question in this case is whether it is possible to commit the crime of being an accessory in violation of Penal Code section 32 when the principal is a minor. That question turns on whether a minor can commit a felony. We hold that, in the absence of some other statutory disability, all minors 14 years of age and older are capable of committing felonies as a matter of law. Consequently anyone who, with the requisite intent and knowledge, harbors, conceals or aids these youthful principals after the commission of a felony is guilty of being an accessory.

A complaint was filed in the Yolo County Municipal Court charging appellant Byron D. Shortridge with the misdemeanor offense of being an accessory to a felony. (Pen. Code, § 32.) Appellant demurred to the complaint on the ground that facts which are judicially noticeable establish that the principal was a 15-year-old minor at the time of the offense and was therefore legally incapable of committing a felony. The municipal court overruled the demurrer and appellant petitioned the Superior Court of Yolo County for a writ of mandate directing the municipal court to sustain the demurrer. The superior court denied the…