(DOWNLOAD) "People V. Smith" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Smith
- Author : Supreme Court Of California
- Release Date : January 16, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant appeals from a judgment convicting her of second degree murder (Pen. Code, § 187),*fn1 felony child abuse (§ 273a, subd. (1)), and child beating (§ 273d). The court sentenced her to imprisonment for 15 years to life on the murder count (§ 190) and stayed service of sentence on the 2 remaining counts to avoid double punishment (§ 654). The principal issue on appeal is whether felony child abuse may serve as the underlying felony to support a conviction of second degree murder on a felony-murder theory. We conclude that because the acts constituting such child abuse in the present case were an integral part of the homicide, the offense merged into the homicide; it was therefore error to give a felony-murder instruction, and the judgment must be reversed insofar as it convicts defendant of second degree murder.
 "People V. Smith" by Supreme Court Of California " eBook PDF Kindle ePub Free){kind=link}