When a burglar kills another burglar in the commission of a felony, can he claim self-defense?
California, United States of America
The following excerpt is from People v. Gonzalez, 202 Cal.Rptr.3d 26, 246 Cal.App.4th 1358 (Cal. App. 2016):
assault or the commission of a felony ), has created circumstances under which his adversary's attack or pursuit is justified] second italics added; cf. People v. Loustaunau (1986) 181 Cal.App.3d 163, 170, 226 Cal.Rptr. 216 [When a burglar kills in the commission of a burglary, he cannot claim self-defense, for this would be fundamentally inconsistent with the very purpose of the felony-murder rule.].)
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