Does section 189 of the California Criminal Code allow for a defendant to be convicted of first degree murder if they have committed a crime under the same law?

California, United States of America


The following excerpt is from People v. Scott, 229 Cal.App.3d 707, 280 Cal.Rptr. 274 (Cal. App. 1991):

Watkins held that the following Dillon language did not overrule Witt: "With respect to any homicide resulting from the commission of or attempt [229 Cal.App.3d 714] to commit one of the felonies listed in the statute, our decisions generally hold section 189 to be not only a degree-fixing device but also a codification of the felony-murder rule: no independent proof of malice is required in such cases, and by operation of the statute the killing is deemed to be first degree murder as a matter of law." (People v. Dillon, supra, 34 Cal.3d 441, 465, 194 Cal.Rptr. 390, 668 P.2d 697.) We agree.

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