What constitutes a first degree murder?
California, United States of America
The following excerpt is from People v. Nivarez, G045230 (Cal. App. 2012):
First degree murder includes any "willful, deliberate, and premeditated killing, or [one] which is committed in the perpetration of, or attempt to perpetrate, . . . robbery . . . ." ( 189.) As discussed above with respect to robbery, felony murder on a robbery-murder theory poses the question "whether there was substantial evidence to show that the '"requisite intent to steal arose either before or during the commission of the act of force."'" (People v. Sakarias (2000) 22 Cal.4th 596, 619.)
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