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People v. Burton

Supreme Court of California

491 P.2d 793 (1971)

Relevant factsFree

Burton killed a victim during an armed robbery and was convicted of first-degree felony murder, arguing on appeal that because armed robbery necessarily involves assault with a deadly weapon, precedent excluding assault-based felonies (where the assault itself was the sole purpose of the conduct resulting in death) from supporting felony-murder instructions should likewise bar armed robbery from doing so.

IssueFree

Whether deaths resulting from felonies undertaken for a purpose independent of the homicide support a charge of felony murder.

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