Abe and Ben need money to sustain their drug addition. Abe suggested to Ben that they go into the grocery store, pretend to be customers, and then Ben would distract the cashier while Abe secretly took the cash from the cash register. Abe knew that the grocery store kept $5,000 of cash in an unlocked cash register. Ben thought that Abe's plan sounded like a good idea and he agreed to go along with Abe's plan. Abe and Ben walked into the grocery store but Ben's attempts to distract the cashier failed so Ben gave up and left the grocery store. Abe was upset that his plan failed so he pushed the cashier to the floor and demanded the money. The cashier instead grabbed for a gun he kept behind the counter and shot Abe in the arm, injuring Abe, and stopping the robbery. Abe had a blood clotting disorder, which the cashier had no way of knowing about, and Abe died before he could get to the hospital because the disorder caused an unusual amount of bleeding from the bullet wound to his arm.

Follow the common law rules, except for burglary, then follow the California law.

1. Is Ben guilty of conspiracy to commit burglary?

2. Is Ben guilty of burglary or attempted burglary?

3. Is Ben guilty of robbery or attempted robbery under the Pinkerton doctrine? Assume here that Ben and Abe entered into a conspiracy.

4. Assume that Abe was the son of an influential leader in this jurisdiction, and public pressure led to the cashier being charged with second degree murder for killing Abe. Assume that the prosecution has been able to satisfy the Actus reus and causation requirements for the homicide charge, and that they have established malice. What defenses or partial defenses should the defense raise, and what is the likelihood that the store clerk would be convicted of second degree murder?