Does the felony-murder rule make a killing while committing certain felonies murder?

California, United States of America


The following excerpt is from People v. Powell, 236 Cal.Rptr.3d 316, 422 P.3d 973, 5 Cal.5th 921 (Cal. 2018):

" The felony-murder rule makes a killing while committing certain felonies murder without the necessity of further examining the defendants mental state. [Citation.] Under the felony-murder doctrine, when the defendant or an accomplice kills someone during the commission, or attempted commission, of an inherently dangerous felony, the defendant is liable for either first or second degree murder, depending on the felony committed. If the felony is listed in section 189, the murder is of the first degree; if not, the murder is of the second degree. " ( People v. Bryant (2013) 56 Cal.4th 959, 965, 157 Cal.Rptr.3d 522, 301 P.3d 1136.)

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