What is the test for 'perpetrating' a crime?

California, United States of America


The following excerpt is from People v. Stamp, 2 Cal.App.3d 203, 82 Cal.Rptr. 598 (Cal. App. 1969):

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. (People v. Chavez, 37 Cal.2d 656, 670, 234 P.2d 632.) Thus the homicide need not have been committed 'to perpetrate' the felony. There need be no technical inquiry as to whether there has been a completion or abandonment of or desistence from the robbery before the

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