How have courts interpreted the doctrine of felony-murder under section 189 of the California Penal Code?

California, United States of America


The following excerpt is from Jones v. Superior Court, 123 Cal.App.3d 160, 176 Cal.Rptr. 430 (Cal. App. 1981):

In People v. Chavez, supra, 37 Cal.2d 656, 669, 234 P.2d 632, the court observed that the defendant erroneously assumed that "to bring a homicide within the terms of section 189 of the Penal Code, the killing must have occurred 'while committing,' 'while engaged in,' or 'in pursuance' of the named felonies, and that the killing must have been 'a part of' the felony or attempted felony." The court then articulated the established felony-murder doctrine discussed above and concluded that "(t)here being[123 Cal.App.3d 168] no requirement that the homicide occur 'while committing' or 'while engaged in' the felony, or that the killing be 'a part of' the felony, other than that the two acts be part of one continuous transaction, the trial court did not err in refusing the requested instructions (37 Cal.2d, at p. 670, 234 P.2d 632).

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