''People v. Ireland'', 70 Cal.2d 522 (1969), was a case decided by the

Supreme Court of California The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...

that first introduced the merger doctrine in that state.

Decision

The defendant shot his wife with two .38 caliber bullets and killed her. The defendant was convicted of

second degree murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

after jury instructions were given that included an instruction on the

felony murder rule The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in so ...

. The California Supreme Court reversed the conviction based on the merger doctrine. The court reasoned that the underlying

assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

merged with the resulting homicide in the sense that the homicide did not require a felonious purpose independent of that that required for the assault.Bonnie, p. 866

References

{{reflist Murder in California U.S. state criminal case law 1969 in United States case law California state case law 1969 in California Crimes in California