People v. Smith
Supreme Court of California
678 P.2d 886 (1984)
Relevant factsFree
Smith (defendant) repeatedly hit her two-year-old daughter after the child refused to listen, ultimately knocking her against a closet door; the child went into respiratory arrest and died at the hospital. Smith was convicted of child abuse and second-degree murder on a felony-murder theory based on the underlying child-abuse felony.
IssueFree
Whether a felony that is assaultive in nature, with no independent felonious purpose, can serve as the basis for a felony-murder charge.