California, United States of America
The following excerpt is from People v. Morse, 2 Cal.App.4th 620, 3 Cal.Rptr.2d 343 (Cal. App. 1992):
11 But not so "overwhelming" that the prosecutor chose to solely rely upon it to establish second degree murder. The second degree felony murder rule was also relied upon. We cannot determine upon which theory the jury relied, thus the error was prejudicial. (People v. Green, supra, 27 Cal.3d 1, 69, 164 Cal.Rptr. 1, 609 P.2d 468.)
1 All statutory references are to the Penal Code unless otherwise noted.
2 Section 12303.2 makes it a felony to possess a "destructive device" or explosive including, but not limited to, bombs. (See 12301.) I interpret the majority opinion as limited to possession of bombs. (See People v. Patterson, supra, 49 Cal.3d at pp. 624-625, 262 Cal.Rptr. 195, 778 P.2d 549.)
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