What is the test for determining whether felony murder and the underlying felony are the same offense for purposes of double jeopardy?
California, United States of America
The following excerpt is from People v. Williams, 195 Cal.App.3d 398, 240 Cal.Rptr. 717 (Cal. App. 1987):
Based on the constitutional protections, defendants, in well-written and insightful briefs, formulate what they view as the watershed issue--whether felony murder and the underlying felony are the same offense for purposes of double jeopardy. In discussing this issue, they refer this court to the controlling test developed in Blockburger v. United States (1932) 284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 L.Ed. 306:
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