Does discharge of a firearm at an inhabited dwelling house constitute a second degree felony-murder?

California, United States of America


The following excerpt is from People v. Hansen, 36 Cal.Rptr.2d 609, 885 P.2d 1022, 9 Cal.4th 300 (Cal. 1994):

Moreover, even if discharge of a firearm at an inhabited dwelling house, considered in the abstract, were in fact a felony inherently dangerous to human life, the applicability of the second degree felony-murder rule would depend on a negative answer to this further question under the "merger" doctrine: on the evidence adduced at trial, was defendant's discharge of a firearm at the inhabited dwelling house in question an "integral part" of, and "included in fact " within, the resulting homicide? The answer, however, is affirmative. Such was the case in People v. Wesley (1970) 10 Cal.App.3d 902, 905-908, 89 Cal.Rptr. 377, a decision we impliedly approved in People v. Smith, supra, 35 Cal.3d at page 805, 201 Cal.Rptr. 311, 678 P.2d 886. Such is the case here. The record reveals that defendant was engaged in "a single course of conduct with a single purpose," viz.,

Page 623

Other Questions


Does the second degree felony of discharging a firearm constitute a second-degree felony-murder? (California, United States of America)
Is discharging a firearm at an inhabited dwelling an inherently dangerous felony for purposes of the second degree felony-murder rule? (California, United States of America)
Is discharge of a firearm at an inhabited dwelling an inherently dangerous felony for purposes of the second degree felony-murder rule? (California, United States of America)
How have courts reduced the charge of second degree murder from first degree to second degree? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a jury still convict a defendant of second degree second-degree murder if he shot his wife while committing an assault with a deadly weapon? (California, United States of America)
Is a defendant's argument that he is not guilty of the crime of second degree murder of a fetus challenge his guilt of second-degree murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
What is the difference between a principal in the first and second degree and a accessory in the second degree? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.