People v. Piorkowski

In People v. Piorkowski (1974) 41 Cal.App.3d 324, the Second District Court of Appeal explained: "At common law, one could use deadly force to prevent the commission of a felony. . Statutory expansion of the class of crimes punishable as felonies has made the common law rule manifestly too broad. . It appears that the principle that deadly force may be directed toward the arrest of a felon is a correct statement of the law only where the felony committed is one which threatens death or great bodily harm. ." (Id. at pp. 328-329, italics added.) There, the victim and two accomplices entered a dry cleaning establishment during business hours and stole a dollar bill from the counter and a wallet from a purse that was behind the counter. (Id. at p. 328.) The court held, "the character of the crime and the manner of its perpetration did not warrant the use of deadly force to effect the victim's arrest, i.e., the homicide was not 'necessarily committed,'" and explained: "While this factual pattern may constitute 'statutory burglary,' which is a felony citation clearly there is not the attendant risk to human life which accompanies common law burglary." (Id. at p. 330.)