Does the second degree felony of discharging a firearm 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):
Defendant contends that, even if the section 246 felony of discharging a firearm is inherently dangerous to human life, the commission of that felony in the present case "merged" with the resulting homicide, within the meaning of People v. Ireland, supra, 70 Cal.2d 522, 75 Cal.Rptr. 188, 450 P.2d 580, thereby precluding application of the second degree felony-murder rule.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
Does discharge of a firearm at an inhabited dwelling house 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)
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 discharging a firearm in a grossly negligent manner serve as a basis for second degree felony murder? (California, United States of America)
Does the prosecution of a defendant in a second degree felony murder case proceed on a different theory than a first degree felony charge? (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)
Does "willful or wanton disregard for the safety of persons or property" constitute a dangerous dangerous felony supporting a murder conviction under second degree felony-murder rule? (California, United States of America)
Is the act proscribed by section 246 of the California Criminal Code an inherently dangerous felony for purposes of the second degree felony-murder doctrine? (California, United States of America)
