California, United States of America
The following excerpt is from People v. Perez, 135 Cal.App.3d 406, 185 Cal.Rptr. 375 (Cal. App. 1982):
Nor are we compelled to find here, as appellant urges, that the felony-murder rule is unconstitutional. ( 189.) Appellant's argument that the conclusive presumption of malice of the felony-murder rule is violative of substantive and procedural due process reflects his misconception of the nature of the rule. Section 189 does not create an evidentiary presumption of malice. The felony-murder rule simply "dispenses with premeditation and malice as elements of first degree murder." (See People v. Johnson [1974] 38 Cal.App.3d 1, 8, 112 Cal.Rptr. 834; People v. Avalos [1979] 98 Cal.App.3d 701, 719, 159 Cal.Rptr. 736.)
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