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

California, United States of America


The following excerpt is from People v. Sakarias, 22 Cal.4th 596, 94 Cal.Rptr.2d 17, 995 P.2d 152 (Cal. 2000):

In the passage the trial court here adapted for its answer to the jury question, we continued: "Although the killing in the present case occurred about 20 hours after defendant entered the house, if the jury found that defendant committed burglary by entering the house with the intent to commit a felonious assault, the homicide and the burglary were parts of one continuous transaction. [Citations.] Accordingly, the trial court did not err in instructing the jury that murder committed in the perpetration of burglary is murder of the first degree." (People v. Mason, supra, 54 Cal.2d at p. 169, 4 Cal.Rptr. 841, 351 P.2d 1025.)

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