Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder?
California, United States of America
The following excerpt is from People v. Thompson, 165 Cal.Rptr. 289, 27 Cal.3d 303, 611 P.2d 883 (Cal. 1980):
The burglary count did not allege that appellant's entry was made with an intent to commit an assault or murder, presumably because such a burglary could not be used to invoke the felony-murder rule in connection with the homicide counts. (See People v. Wilson (1969) 1 Cal.3d 431, 82 Cal.Rptr. 494, 462 P.2d 22.)
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