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Legal Opinion

People v. Howard

California Supreme Court

Decided January 27, 2005No. S108353PublishedCited by 30 opinions

1Opinion of the Court

*1132Opinion

KENNARD, J.

Murder is the unlawful killing of a human being, with malice aforethought. (Pen. Code, § 187, subd. (a).) But under the second degree felony-murder rule, the prosecution can obtain a conviction without showing malice if the killing occurred during the commission of an inherently dangerous felony. Is the crime of driving with a willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (Veh. Code, § 2800.2)1 an inherently dangerous felony for purposes of the second degree felony-murder rule? We conclude it is not.

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2Cases cited20 opinions

  1. People v. DillonCalifornia Supreme Court · 1983
  2. People v. WatsonCalifornia Supreme Court · 1981
  3. People v. FordCalifornia Supreme Court · 1964
  4. People v. PhillipsCalifornia Supreme Court · 1966
  5. People v. SatchellCalifornia Supreme Court · 1971

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3Cited by30 opinions

  1. People v. ChunCalifornia Supreme Court · 2009
  2. People v. Frandsen, California Court of Appeal, 5th District2019
  3. People v. NievesCalifornia Supreme Court · 2021
  4. Shedrick Henry v. M. SpearmanCourt of Appeals for the Ninth Circuit · 2018
  5. People v. LewisCalifornia Court of Appeal · 2006

25 more not listed; retrieve them via the Exa API.

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