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Criminal Law Keyed to Kennedy
People v. Archie Fuller
Citation:
86 Cal. App. 3d 618 (1978)Facts
On Sunday, February 20, 1977, at about 8:30 a.m., an office was on routine patrol in his vehicle. He saw an older model Plymouth parked in front of the lot. He also saw the defendants rolling two tires apiece toward the Plymouth. His suspicions aroused, and the officer radioed the dispatcher and requested that a police unit be sent.
The officer kept the defendants under observation as he proceeded past the car lot and stopped at the next intersection. As he reached that point he saw them stop rolling the tires and walking to the Plymouth on the street. He made a U-turn and headed towards them. The defendants got into the Plymouth and drove away “really fast.” Thereafter, a high speed chase ensued which eventually resulted in the defendants’ car running a red light and striking another automobile which had entered the intersection. The driver of the other automobile was killed.
Later investigation revealed that four locked Dodge vans at the car lot had been forcibly entered and the spare tires removed. The defendants were charged with burglary and murder premised on the felony murder rule. The trial court dismissed the murder charge.
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