California, United States of America
The following excerpt is from The People v. Lightburner, C060142, Super. Ct. No. 06F2604 (Cal. App. 2010):
Defendant's theory is an offshoot of the felony murder rule. "The felony-murder rule makes a killing while committing certain felonies murder without the necessity of further examining the defendant's mental state. The rule has two applications: first degree felony murder and second degree felony murder.... First degree felony murder is a killing during the course of a felony specified in [Penal Code] section 189, such as rape, burglary, or robbery. Second degree felony murder is 'an unlawful killing in the course of the commission of a felony that is inherently dangerous to human life but is not included among the felonies enumerated in [Penal Code] section 189....' [Citation.]" (People v. Chun (2009) 45 Cal.4th 1172, 1182.)
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