Is a relative's testimony not inadmissible to establish the identity of a murder victim?

California, United States of America


The following excerpt is from People v. Combs, 101 P.3d 1007, 22 Cal.Rptr.3d 61, 34 Cal.4th 821 (Cal. 2004):

4. Although we have observed that a relative's testimony may be inadmissible to establish the identity of a murder victim if there is an offer to stipulate to the facts to be established by the testimony (People v. Wash (1993) 6 Cal.4th 215, 247, 24 Cal.Rptr.2d 421, 861 P.2d 1107), defendant did not offer to stipulate to those facts.

5. Defendant contends that his confessions cannot supply the necessary elements for the robbery component of felony murder and the robbery-murder special circumstance. However, the corpus delicti rule does not apply to proof of the underlying felony for purposes of felony murder or the robbery-murder special circumstance. ( 190.41; see People v. Ray, supra, 13 Cal.4th at p. 341, fn. 13, 52 Cal. Rptr.2d 296, 914 P.2d 846.)

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