CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, August 26, 2010

When does a burglary end?

Martin shaun My colleague, Shaun Martin, raises this question over at California Appellate Report, in connection with this intermediate state appellate decision applying the felony-murder rule. Defendant was driving away from the scene of his burglary, and no one was in pursuit, but he saw a police car, though (erroneously) that the officer knew about the crime, and hit the accelerator, ultimately leading to an accident and death. Held, over a dissent: the felony-murder rule applies.

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