People v. Burroughs
Supreme Court of California, 1984
Author: Jim

Facts: Defendant (D) was practicing alternative medicine without license and the victim (V) came to him to find a cure for his terminal leukemia.  D instructed V not to see the regular doctor and D administered some messages and lemonade solutions to V.  V’s condition worsened but D informed V that everything was going according to the plans.  V got extremely sick and D performed message to V’s abdominal area but V died of hemorrhage.  Evidence was presented at trial that suggested that the hemorrhage was the direct result of D’s deep abdominal messages.

Procedure: Trial court ruled that the felony of unlicensed practice was inherently dangerous to human life and the felony-murder rule applies.  Trial court instructed the jury that if the death resulted directly from the commission of the felony, then the homicide was felony murder in the second degree.  D was convicted of felony practicing medicine without a license and second degree felony murder.

Issue: Did the trial court err by applying the felony-murder rule to the current case?

Holding: Yes

Rationale:  In order to determine whether the felony is inherently dangerous to human life, Ct. should consider the elements of the offense and not the facts involved in the case.  The elements involved in the offense of practicing medicine without medicine do not meet the standards of “inherently dangerous to human life” doctrine.  Next, the ct. should consider the factors that elevate the unlicensed practice of medicine to a felony.  The statute dealing with this area does not necessarily include great danger to human life.  Therefore, a broken arm resulting from such offense will be considered a felony.  So the trial ct. erred in its reasoning by considering the felony involved in this case to be inherently dangerous to human life and then applying the felony-murder rule.  The felony-murder rules purpose of deterrence will not be served if this rule is applied to the defendant in the current case.  Defendant’s second degree murder conviction reversed.