Does a murder under section 972, subdivision (e)(2) of the California Criminal Code require that the murder be committed "in the course of the burglary"?
California, United States of America
The following excerpt is from Fortes v. Municipal Court, 113 Cal.App.3d 704, 170 Cal.Rptr. 292 (Cal. App. 1980):
7 Because there was no burglary we are not called upon to interpret the provisions of section 972, subdivision (e)(2), requiring that the murder be committed "in the course of" the burglary. (Cf. the analogous provisions reviewed in People v. Wilson (1969) 1 Cal.3d 431, 440-441, 82 Cal.Rptr. 494, 462 P.2d 22, and People v. Green (1980) 27 Cal.3d 1, 60-61, 164 Cal.Rptr. 1, 609 P.2d 468.)
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