Can a killing that occurs in the commission of a felony be involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Rhodes, 215 Cal.App.3d 470, 263 Cal.Rptr. 603 (Cal. App. 1989):

We recognize that in certain circumstances a killing that occurs in the commission of a felony can be involuntary manslaughter, but only when the felony is not inherently dangerous. (People v. Burroughs (1984) 35 Cal.3d 824, 835, 201 Cal.Rptr. 319, 678 P.2d 894; People v. Morales (1975) 49 Cal.App.3d 134, 144, 122 Cal.Rptr. 157.) That rule does not apply here since assault with a deadly weapon is inherently dangerous due to the nature of the weapon or the degree of force.

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