Is a murder committed in the perpetration of a burglary a felony murder?
California, United States of America
The following excerpt is from People v. Hagiwara, B251129 (Cal. App. 2015):
All murder which is committed in the perpetration, or attempted perpetration of burglary is first degree murder. ( 189; People v. Edwards (2013) 57 Cal.4th 658, 718.)
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So long as the burglary is not merely incidental to the killing or an afterthought to it, the killing may be felony murder even if it did not occur in the midst of the commission of the burglary. (People v. Prince (2007) 40 Cal.4th 1179, 1259.)
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