People v. Phillips

Defendant, a doctor of chiropractic, appeals from a judgment of the Superior Court of Los Angeles *577County convicting him of second degree murder in connection with the death from cancer of one of his patients. We reverse solely on the ground that the trial court erred in giving a felony-murder instruction.

Linda Epping died on December 29, 1961, at the age of 8, from a rare and fast-growing form of eye cancer. Linda’s mother first observed a swelling over the girl’s left eye in June of that year. The doctor whom she consulted recommended that Linda be taken to Dr. Straatsma, an opthalmol-ogist…