holding that the unlawful possession of a firearm by a convicted felon, when viewed in the abstract, is not a felony inherently dangerous to human life and will not support a felony-murder charge
How later courts described this case
- holding that the unlawful possession of a firearm by a convicted felon, when viewed in the abstract, is not a felony inherently dangerous to human life and will not support a felony-murder charge
- holding that under the elements test, possession of a firearm was passive and not a felony inherently dangerous to human life
- overruled on other grounds in People v. Flood, supra, 18 Cal.4th 470, 490, fn. 12
- discuss- ing 1990 addition of kidnapping to California Penal Code sec- tion 189
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by People v. Flood, 76 Cal. Rptr. 2d 180 (1998)
6 Cal.3d 28, 41-43 , overruled on another ground in People v. Flood (1998) 18 Cal.4th 470, 484, 490, fn. 12
Disagreed with by State v. Goodseal, 220 Kan. 487 (1976)
In reaching a contrary result the California court in People v. Satchell, supra, declined to take into account the particular circumstances of the collateral felony, a rigid position we decline to adopt.
The opinion
McCOMB, J.
I dissent.I would affirm the judgment because I do not believe the error has resulted in a miscarriage of justice. The judgment, therefore, should not be reversed, for the reason that article VI, section 13, of the California Constitution provides: “No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the *44 jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.”