stating that under felony murder rule, it is essential that the actor was engaged in some other felony, so distinct "as not to be an ingredient of the homicide” itself
How later courts described this case
- stating that under felony murder rule, it is essential that the actor was engaged in some other felony, so distinct "as not to be an ingredient of the homicide” itself
- rejecting “bootstrapping” of burglary and felony-murder
Written by the judges who cited it.
Later courts went against this
Overruled by People v. Farley, 46 Cal. 4th 1053 (2009)
1 Cal.3d 431, 440 , overruled by People v. Farley (2009) 46 Cal.4th 1053, 1117
Declined to follow by State v. Foy, 224 Kan. 558 (1978)
Accordingly, we reject the holding of People v. Wilson, 1 Cal. 3d 431, 462 P.2d 22, 82 Cal. Rptr. 494 (1969) and hold the merger doctrine does not apply in felony-murder cases where an aggravated burglary is based upon an aggravated assault.
The opinion
McCOMB, J.
I dissent. I would affirm the judgment in its entirety. (See Cal. Const., art. VI, § 13.)
Respondent’s petition for a rehearing was denied January 14, 1970. McComb, was of the opinion that the petition should be granted.