People v. Ireland
Citation
70 Cal. 2d 522 (1969)
Facts
Stub — to be completed.
Issue
Stub — to be completed.
Holding
Stub — to be completed.
Rule
The felony murder rule does not apply when the predicate felony is an integral part of and included in fact within the homicide itself (assault with a deadly weapon); applying felony murder in such cases would effectively eliminate the requirement of malice for second-degree murder.
Significance
Established the “merger doctrine” limitation on felony murder in California; assaultive felonies that merge with the homicidal act cannot serve as the predicate felony for felony murder.