What constitutes a felony-murder rule?

California, United States of America


The following excerpt is from People v. Caffero, 207 Cal.App.3d 678, 255 Cal.Rptr. 22 (Cal. App. 1989):

"The felony-murder rule operates (1) to posit the existence of malice aforethought in homicides which are the direct causal result of the perpetration or attempted perpetration of all felonies inherently dangerous to human life, and (2) to posit the existence of malice aforethought and to classify the offense as murder of the first degree in homicides which are the direct causal result of those six felonies specifically enumerated in section 189 of the Penal Code. [Citations.] Thus, 'A homicide that is a direct causal result of the commission of a felony inherently dangerous to human life (other than the six felonies enumerated in Pen.Code, 189) constitutes at least second degree murder.' [Citation.]" (Emphasis original.) (People v. Ireland, supra, 70 Cal.2d at p. 538, 75 Cal.Rptr. 188, 450 P.2d 580.)

Other Questions


Does a ruling by a trial court that adversely affects a litigant's evidentiary presentation constitute a constitutional error? (California, United States of America)
Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Does the execution of an innocent person by lethal injection constitute a constitutional intolerable event? (California, United States of America)
Does a prosecutor's argument that the absence of specific mitigating factors constitute aggravation constitute prosecutorial misconduct? (California, United States of America)
Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation? (California, United States of America)
What is the test for a reversal of a rule of construction of the or damaged section of the Constitution? (California, United States of America)
Does the exclusion of evidence in a civil case constitute a constitutional violation? (California, United States of America)
Does the erroneous admission into evidence of an involuntary confession constitute a federal constitutional error? (California, United States of America)
Is a Local Rule that seeks to relax statutory requirements in section 664.6.4 of the California Constitution valid? (California, United States of America)
Does a custodial interrogation during an interview with a police officer constitute a constitutional violation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.