California, United States of America
The following excerpt is from People v. Oden, 193 Cal.App.3d 1675, 239 Cal.Rptr. 232 (Cal. App. 1987):
This instruction is invalid pursuant to People v. Ireland (1969) 70 Cal.2d 522, 539, 75 Cal.Rptr. 188, 450 P.2d 580, which holds a "second degree felony murder instruction may not properly be given when it is based upon a felony which is an integral part of the homicide and which the evidence produced by the prosecution shows to be an offense included in fact within the offense charged." (Fn. omitted.) Assault is an integral part of most homicides, a hypothesis supported by the facts in this case. Consequently, the instruction should not have been given.
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