People v. Ireland

In People v. Ireland (1969) 70 Cal.2d 522, the Supreme Court "adopted the merger rule in a case involving the underlying felony of assault with a deadly weapon, where the defendant had shot and killed his wife. The jury was instructed that it could return a second degree felony-murder verdict based upon the underlying felony of assault with a deadly weapon, and the defendant was convicted of second degree murder. On appeal, the Supreme Court reversed reasoning that 'to allow such use of the felony-murder rule would effectively preclude the jury from considering the issue of malice aforethought in all cases wherein homicide has been committed as a result of a felonious assault--a category which includes the great majority of all homicides. This kind of bootstrapping finds support neither in logic nor in law.' The court therefore concluded that the offense of assault with a deadly weapon, which was 'an integral part of' and 'included in fact' within the homicide, could not support a second degree felony-murder instruction. Subsequent decisions have applied the Ireland rule to other felonies involving assault or assault with a deadly weapon. The SupremeCourt, however, has not extended the Ireland doctrine beyond the context of assault, even under circumstances in which the underlying felony plausibly could be characterized as 'an integral part of' and 'included in fact within' the resulting homicide." ( People v. Hansen (1994) 9 Cal.4th 300, 312.)