(DOWNLOAD) "People V. Dillon" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: People V. Dillon
- Author : Supreme Court Of California
- Release Date : January 01, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 117 KB
Description
Defendant appeals from a judgment convicting him of first degree felony murder and attempted robbery. The case presents two principal issues. First, we inquire whether a standing crop can be the subject of robbery; declining to perpetuate an archaic distinction between that crime and larceny, we conclude that it can. We next address a multiple attack on the first degree felony-murder rule. After reviewing its legislative history we find that in California the rule is a creature of statute, and hence cannot be judicially abrogated. We also reject various constitutional challenges to the rule; we hold primarily that the rule does not deny due process of law by relieving the prosecution of the burden of proving malice, because malice is not an element of the crime of felony murder.