People v. Smith, 35 Cal. 3d 798 (1984)

As you read Smith, consider the following questions:  

1. What crime was Smith charged with? What did she do? What is the court’s holding on appeal?

2. What is the “independent felony” or merger rule? What is the policy basis for the rule? Do you agree?

3. To help understand the purpose of the merger rule (and to review your homicide knowledge) consider the following hypo: D punches V, causing V to stumble backwards and hit his head on a sharp peice of furniture; V dies from the head injury. D is charged with felony assault and homicide. With regard to the homicide charge, assume that D had one of the following mental states:

     a. D was not aware of the risk that V could die and there was no reason for D to be aware of that risk.

     b. D was not aware of the risk that V could die but should have been aware of that risk.

     c. D was aware of the risk that V could die and disregarded that risk.

     d. D intended to cause serious physical injury to V but did not intend to kill V.

     e. D intended to kill V.

In each scenario, what homicide offense would D be guilty of under the common law? Alternatively, if assault could be the underlying felony for felony murder, what homicide offense would D be guilty of under the common law?

4.  What is New York’s approach to felony murder? Is it murder in the first degree or second degree?

5.  New York does not have an “inherently dangerous felony” rule or an “independent felony” rule. So, how does New York limit the crimes that can be the basis for felony murder? What are those crimes?