What is the effect of giving an instruction in a criminal case of felony murder on felony murder?
California, United States of America
The following excerpt is from People v. Schindler, 273 Cal.App.2d 624, 78 Cal.Rptr. 633 (Cal. App. 1969):
People v. Ireland, 70 A.C. 557, 75 Cal.Rptr. 188, 450 P.2d 580, holds that the effect of the instruction on felony murder may 'eviscerate the entire defense' and holds that the giving of such an instruction is prejudicial.
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