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Facts: Δ beat a child pretty badly, and the child died. Issue is whether the felony-murder doctrine should apply.
Holding: No felony murder. At CL a homicide committed in the willful and malicious infliction of great bodily
harm was murder, though death was not intended; but this wasn’t because such infliction of great bodily harm
was in itself a felony, in the perpetration of which the homicide was committed, but because such infliction of
great bodily harm was an act malum in se, and the part is held liable for the harm. But such a homicide, where
death wasn’t intended, is not a willful deliberate and premeditated killing, and not murder committed during or
in furtherance of a felony, so not murder in 1st degree. A simple unintentional killing usually classed as murder
in the 2nd - but here it was deliberate and intentional. Court concludes that here the jury could find murder in
1st on the theory of a willful, deliberate and premeditated killing.
Notes:
• The merger doctrine comes into play when statutes don’t have just enumerated predicate felonies, but
says something like dangerous felonies. Basically - the rule is that assault merges with murder.
Class Notes