- People v. Smith- ∆ parents gave child a snack, but she would not get up to eat it, so they beat her to death. ∆ sentenced to 15 yrs to life on a murder count, child abuse, and child beating. Decision reversed b/c felony murder rule was an erroneous instruction.
- 2nd degree felony murder instruction may not properly be given when it is based upon a felony which is an integral part of the homicide and which the evidence produced by the prosecution shows to be an offense included in fact within the offence charged.
- It is very clear in this case that the underlying felony is an “integral part of” and “included in fact” of the homicide with the meaning of People v. Ireland.
Friday, September 14, 2012
People v. Smith case brief
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