What is the test for reconstructing the crime scene in the context of a charge of first degree murder based on the allegation that the crime was committed in perpetration of one of the felonies?
California, United States of America
The following excerpt is from People v. Williams, 195 Cal.App.3d 398, 240 Cal.Rptr. 717 (Cal. App. 1987):
Although defendants' position is forcefully argued, we are not persuaded by any of the authority on which defendants rely. When felony murder is the end to the prosecution's case, the means must necessarily include a reconstruction of the underlying felony. As stated in People v. Motherwell (1961) 195 Cal.App.2d 545, 563, 16 Cal.Rptr. 140:
" 'Where a first degree murder charge is based on the allegation that the homicide was committed in perpetration or attempted perpetration of one of the felonies enumerated in Penal Code [section] 189, proof of the independent felony is essential to a conviction of first degree murder [citation], and the elements of the independent offense must be proved....' [Citation.]" (Cf. State v. Enmund (Fla.1985) 476 So.2d 165.)
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