People v. Clark

*642BROUSSARD, J.,

Concurring and Dissenting.—I agree with the majority opinion that the special circumstance of murder by means of explosives is inapplicable, but dissent from its conclusion that the special circumstance of felony murder can be sustained. The majority correctly recognize that the trial court erred in failing to instruct the jury, pursuant to People v. Green (1980) 27 Cal.3d 1, 61-62 [164 Cal.Rptr. 1, 609 P.2d 468], that the arson-murder special circumstance is applicable only when the defendant has an independent felonious purpose for the commission of the arson. That special…