What constitutes felony murder in the first degree?
MultiRegion, United States of America
The following excerpt is from Maraglino v. Espinoza, Case No.: 19cv0109 LAB (KSC) (S.D. Cal. 2019):
California's felony-murder rule makes a killing while committing certain felonies murder without the necessity of further examining the defendant's mental state. First degree felony murder is a killing during the course of committing a specified felony. Cal. Penal Code 189. Murder committed in the perpetration of or attempt to perpetrate kidnapping is felony murder in the first degree. Id.; see also People v. Booker, 51 Cal. 4th 141, 175 (2011).
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