California, United States of America
The following excerpt is from People v. Carvajal, B239135 (Cal. App. 2013):
The felony-murder rule provides that a killing is first degree murder if "committed in the perpetration" of certain enumerated felonies, including burglary and robbery, as alleged here. ( 189.) "[C]onviction of first degree felony murder does not require proof of a strict causal relationship between the underlying felony and the homicide so long as the killing and the felony are part of one continuous transaction. [Citations.] 'There is no requirement that the killing occur, "while committing" or "while engaged in" the felony, or that the killing be "a part of" the felony, other than that the few acts be a part of one continuous transaction.' [Citation.]" (People v. Huynh (2012) 212 Cal.App.4th 285, 307-308, fn. omitted.)
The felony-murder rule requires some logical connection or nexus between the felony and the act resulting in death beyond mere coincidence of time and place. (People v. Cavitt (2004) 33 Cal.4th 187, 201 (Cavitt).) CALCRIM No. 549 lists factors to assist in the determination of whether the act causing the death and the felony were part of one continuous transaction under the felony-murder rule. The suggested factors include whether the felony and fatal act occurred at the same place, the time interval if any, whether the perpetrator continued to have control over the victim after the underlying felony was committed, whether the killing occurred during flight, and whether death was
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