California, United States of America
The following excerpt is from People v. Andrade, 150 Cal.Rptr. 662, 86 Cal.App.3d 963 (Cal. App. 1978):
Simply stated in the matter at bench, the admission by a felon that he possessed a firearm, and is therefore guilty of the crime of being a felon in possession of a firearm, does not alone preclude the punishment or the prosecution of that same felon for the commission of a more serious crime. This is so even if such other crime was committed by that felon with that same firearm. By way of illustration, it would be a mockery of justice if the felon could escape a charge of murder simply by pleading guilty to possessing the firearm. (See Dissent by Schauer, J., People v. McFarland, supra, 58 Cal.2d 748, 26 Cal.Rptr. 473, 376 P.2d 449.) Although in different clothing, that same specter appears at bench. There was not enough to automatically preclude the right of the People to proceed with the manslaughter charge.
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