California, United States of America
The following excerpt is from People v. Castellano, 145 Cal.Rptr. 264, 79 Cal.App.3d 844 (Cal. App. 1978):
"People v. Whitehorn, 60 Cal.2d 256 (32 Cal.Rptr. 199, 383 P.2d 783), also dealt with a felony murder trial and an instruction that if the jury had a reasonable doubt that the crime of rape had been committed the defendant could not be found guilty of first degree murder.
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