Does the felony-murder rule apply to a jury's first degree murder verdict?

California, United States of America


The following excerpt is from People v. Dillon, 194 Cal.Rptr. 390, 34 Cal.3d 441, 668 P.2d 697 (Cal. 1983):

8 On factual grounds we declined to reach these issues in People v. Ramos (1982) 30 Cal.3d 553, 589-590, 180 Cal.Rptr. 266, 639 P.2d 908, and People v. Haskett (1982) 30 Cal.3d 841, 851, footnote 2, 180 Cal.Rptr. 640, 640 P.2d 776. As will appear, however, in the case at bar there is no doubt that the jury based its first degree murder verdict on the felony-murder rule. The jurors made this fact plain in their communications to the court both before and after rendering their verdict; and following that verdict, the court stated on the record that the evidence did not support a first degree murder conviction under any theory other than felony murder. The issues are therefore properly before us.

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