People v. Stamp, 2 Cal. App. 3d 203 (1969) p498.
Subject:
First degree felony murder rule
Facts:
D robbed a store. The manager of the store, became so frightened during the robbery that he died 20 minutes later of a heart attack. It was shown the heart attack was triggered by the robbery.
Procedure:
D appeals conviction of murder.
Issue:
Should have murder not have applied in this case because of the unforeseeability of the manager's death?
Rule:
When death is caused in the course of committing a felony, it can be treated as murder (known as the felony-murder rule).
Holding:
The judgement is affirmed because the commission of the felony included malice by nature of the crime, which is a necessary condition for murder.
Rationale:
Felony murder rule of the Penal Code presumes malice aforethought on the basis of commission of a felony inherently dangerous to human life. When a robber enters a place with a deadly weapon with the intent to commit robbery, malice is shown by the nature of the crime. The killing did not have to happen during the felony; as a result is good enough.
Policy/Notes:
a person who has proved himself an intentional felon deserves to be held strictly liable - at the level of murder liability - for any deaths that occur in the course of the felonious conduct.