Friday, September 14, 2012

People v. Smith case brief

    • 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.

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