Is a burglary committed in the perpetration of a burglary a murder of the first degree?

California, United States of America


The following excerpt is from People v. Street, B267285 (Cal. App. 2017):

A murder committed in the perpetration of burglary is murder of the first degree. ( 189.) This felony-murder rule is based on public policy considerations: "'Once a person has embarked upon a course of conduct for one of the enumerated felonious purposes, he comes directly within a clear legislative warningif a death results from his commission of that felony it will be first degree murder, regardless of the circumstances.'" (People v. Cavitt (2004) 33 Cal.4th 187, 197.)

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