What is the specific intent required in a felony murder case?

California, United States of America


The following excerpt is from People v. Avalos, 159 Cal.Rptr. 736, 98 Cal.App.3d 701 (Cal. App. 1979):

As appellant says, it is true that felony murder itself does not require a specific intent. The specific intent required in this case is the intent to commit burglary or robbery. But while it may be technically inartful to say, "In felony murder the specific intent is . . ." it is truthful and proper to say the necessary specific intent for the underlying felonies, here robbery and burglary, must be found. Jurors would understand from the instructions in this case what specific intent they must find. As was said in People v. Romo (1975) 47 Cal.App.3d 976, at page 990, 121 Cal.Rptr. 684, at page 693:

"In determining whether error has been committed in giving or not giving jury instructions, we must consider the instructions as a whole. We must also assume that the jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given. (People v. Henley (1969) 269 Cal.App.2d 263, 74 Cal.Rptr. 611.)"

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