People v. Salas

Facts

On the morning of June 7, 1968, the defendant entered the Hub Bar in Sacramento and asked the bartender for a six-pack of beer. After the bartender reached into the cooler for the beer, he saw that defendant was pointing a pistol directly at him. The defendant ordered him to give him all the money in the bar’s cash register. The defendant left the bar and his friend drove him away.

Shortly after, Deputy Sheriff George O’Neal received a radio broadcast advising that the Hub Bar had just been robbed. He immediately drove towards the bar and he saw an approaching car with two men. The car approached from the direction of the bar and was the only vehicle in sight. After further radio communication the deputy activated the red light and siren of the police vehicle and the suspects eventually stopped their vehicle.

A second deputy sheriff, Kenneth B. Royal, arrived in his patrol car. Royal drew his service revolver and walked toward the suspects’ car on the driver’s side. O’Neal heard shots fired and saw Royal fall to the ground. Defendant emerged from the car on the passenger’s side with a gun in his hand. O’Neal fired his shotgun at defendant. The defendant fell to the ground and was  apprehended by another officer who had arrived at the scene. Royal died of a single gunshot wound in the neck.

The defendant was convicted of felony murder. He appealed, arguing that the robbery had been completed prior to the time of and at a different place than the killing and therefore the homicide could not have been committed in the course of the robbery within the felony murder rule.