Is advancement of a felonious purpose an element of the felony-murder special-circumstance?

California, United States of America


The following excerpt is from People v. Williams, 245 Cal.Rptr. 336, 44 Cal.3d 883, 751 P.2d 395 (Cal. 1988):

To begin with, I believe that advancement of an independent felonious purpose is an element of the felony-murder special-circumstance and as such should have been instructed on in connection with each of the felony-murder special-circumstances alleged in this case. We held as much in People v. Green (1980) 27 Cal.3d 1, 61-62, 164 Cal.Rptr. 1, 609 P.2d 468. The majority choose not to dispute this point and, in my view, simply cannot do so.

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