Is a murder committed in the perpetration of a felony if it occurred after the crime was committed?
California, United States of America
The following excerpt is from People v. Jones, 104 Cal.Rptr.2d 753, 18 P.3d 674, 25 Cal.4th 98 (Cal. 2001):
We long ago rejected the assumption "that to bring a homicide within the terms of section 189 of the Penal Code, the killing must have occurred `while committing,' Svhile engaged in,' or `in pursuance' of the named felonies, and that the killing must have been `a part of the felony or attempted felony `in an actual and material sense.'" (People v. Chavez (1951) 37 Cal.2d 656, 669, 234 P.2d 632.) Thus, a murder may be determined to have been
[104 Cal.Rptr.2d 761]
committed in the perpetration of a felony if it occurred after the felony, e.g., during the attempt to escape or for the purpose of preventing discovery of the previously committed felony.[104 Cal.Rptr.2d 761]
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