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People V. Washington 3d 780 2d 776

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a. Writing the Discussion Section If you have thoroughly outlined your discussion section, writing it should be relatively easy. Because you have already spent time on the organization of your outline, you can focus on making the memo easy to read by adding transitional phrases and clear language. The Discussion section for the hypothetical memo follows. Note how it parallels the outline. The author transcribed the outline into prose, added transitional phrases, and changed the citations to short form where necessary. DISCUSSION Section 189 of the California Penal Code provides that any murder committed during a robbery or an attempted robbery is first-degree murder. Cal. Penal Code § 189 (West 2017). However, “[a] defendant is not guilty of murder unless he is legally chargeable, either by virtue of his own conduct or that of an accomplice, with the two component elements of the crime: a homicide and malice.” People v. Antick, 15 Cal. 3d 79, 86 (1975). “The felony-murder doctrine ascribes malice . . . to the felon who kills in the perpetration of an inherently dangerous felony.” People v. Washington, 62 Cal. 2d 777, 780 (1965). I. The Homicide Occurred During the Commission of an Inherently Dangerous …show more content…

People v. Young, 11 Cal. App. 4th 1299, 1305 (1992). In Young, the defendant stole a car and then drove the car at high speeds while fleeing from the police. Id. at 1302. Ultimately, the defendant collided with another car, killing the driver. Id. The court found the escape to be part of the robbery, ruling that the robbery was not complete until the robber reached a place of temporary safety. Id. at 1305. The court upheld the defendant’s felony murder conviction because the killing occurred in perpetration of the robbery, as required by the statute. Id. at

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