California, United States of America
The following excerpt is from People v. Green, 164 Cal.Rptr. 1, 27 Cal.3d 1, 609 P.2d 468 (Cal. 1980):
66 In Henderson, the case went to the jury on two alternate theories of second degree murder: an unintentional killing resulting from a reckless act highly likely to cause death, and second degree felony murder based on felony false imprisonment. We held the latter theory erroneous because false imprisonment is not an offense inherently dangerous to human life; and we found the error prejudicial because an opportunity to convict the defendant on a felony-murder theory " 'relieved the jury of the necessity of finding malice aforethought in the circumstances.' " (Id. at p. 96, 137 Cal.Rptr. at p. 7, 560 P.2d at p. 1186, quoting from People v. Lopez (1971) 6 Cal.3d 45, 52, 98 Cal.Rptr. 44, 489 P.2d 1372.)
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