In re White

RAPHAEL, J., Dissenting.

*960Under California's second degree felony-murder law, petitioner Gregory White's guilt depended upon an abstract legal issue that had nothing to do with his actions. The trial court had to adjudicate whether California's offense of manufacturing methamphetamine-in general, not in White's case in particular-was "inherently *691dangerous to human life" such that it qualified as a felony murder predicate. If so, the fact that White's co-conspirator died from burns incurred during the manufacture meant White was guilty of not just the drug crime, but of murdering his accomplice.

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