What is the legal test required by the state to convict a defendant of a felony murder?

California, United States of America


The following excerpt is from People v. Dillon, 194 Cal.Rptr. 390, 34 Cal.3d 441, 668 P.2d 697 (Cal. 1983):

4 It is true that in order for a defendant to be convicted of felony murder, the state must first establish his mental culpability with respect to the underlying felony. He is not morally blameless. However, as the United States Supreme Court noted in Jackson v. Virginia (1979) 443 U.S. 307, 323-324, 99 S.Ct. 2781, 2791, 61 L.Ed.2d 560, "[t]he constitutional necessity of proof beyond a reasonable doubt is not confined to those defendants who are morally blameless. E.g., Mullaney v. Wilbur, 421 U.S. at 697-698 [95 S.Ct. at 1888-1889] (requirement of proof beyond a reasonable doubt is not 'limit[ed] to those facts which, if not proved, would wholly exonerate' the accused). Under our system of criminal justice even a thief is entitled to complain that he has been unconstitutionally convicted and imprisoned as a burglar."

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