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People
v. Fuller (Felony Murder Rule)
California Court of Appeal, 5th district 1978
P-Mac Daddy
Procedure: D Fuller appeals the
California felony murder rule under which he was convicted of
felony murder stemming from a high-speed pursuit following a car
dealership tire heist. (D = Defendant)
Facts: A police officer noticed a
late model Plymouth sedan parked outside a car dealership in
Fresno California on a Sunday morning with two men including the
D rolling tires and placing them in the trunk of the car. The D
and his accomplice speed away from the dealership at a high rate
of speed and the police officer gave chase. The D blew through a
stop sign and killed another driver.
Issue: Whether this D who
committed a nonviolent daytime burglary is accountable under
California’s Felony murder rule?
Holding: The trial court erred in
allowing this rule to be evoked because such a harsh result
destroys the symmetry of the law by equating an accidental
killing resulting from a petty theft to that of premeditated
murder.
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