The court is considering a case where defendants unintentionally caused a death during a high-speed car chase following a burglary of an unattended vehicle. The felony-murder rule applies to first-degree murder and establishes that any burglary is sufficient to invoke this rule. The defendants argue that the rule should not apply to escaping burglars, but the court finds no distinction between burglary and robbery for the purposes of the rule. The court notes that possession of certain weapons is not inherently dangerous to human life but can impute malice depending on the circumstances. The court disapproves of Pulley's approach but clarifies that extreme and wanton recklessness can establish malice and second-degree murder. The defendants' high-speed chase and reckless driving result in the death of another driver, exhibiting a disregard for human life going beyond gross negligence.
People v. Fuller (1978)
Court of Appeal of the State of California
86 Cal. App. 3d 618
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