Does section 871.5 of the Criminal Code of California apply to reinstate a charge of murder under the felony-murder rule?

California, United States of America


The following excerpt is from People v. Slaughter, 200 Cal.Rptr. 448, 35 Cal.3d 629, 677 P.2d 854 (Cal. 1984):

In his motion to compel reinstatement of the murder charge against defendant, the prosecutor in the present case contended that section 871.5 should be interpreted similarly to section 739, so as to permit reinstatement whenever there exists a reasonable interpretation of the evidence which would support the charge. The prosecutor noted that defendant had confessed to conspiring with Forward to commit burglary; he argued that the evidence was reasonably susceptible of the view that Forward killed Bradstreet while attempting to perpetrate that burglary, in which case Forward would be guilty of murder under the felony-murder rule ( 189), and defendant would be liable as an accomplice (see People v. Medina (1974) 41 Cal.App.3d 438, 452, 116 Cal.Rptr. 133, and cases there cited). The superior court nevertheless denied the motion to compel reinstatement, and the prosecution appealed.

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