ADMJ 103 Lecture Notes - Lecture 31: Fellatio, Jury Instructions, Malice Aforethought
22 Dec 2020
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Facts: lived with david foster and her 2 daughters, 3 yo bethany, and 2yo amy. On the day amy died, she refused to sit on the couch instead of the floor for her snack. Amy into her bedroom, spanked her and slapped her face. Amy went to the discipline corner of the bedroom; hit her repeatedly, knocking her to the floor. Eventually, knocked amy backwards and she fell, hitting her head on the closet door. And foster took her to the hospital where she died that evening. Ph: was convicted of second-degree murder and felony child abuse. "s argument: the crime of felony child abuse was an integral part of and included in fact within the homicide, and hence that it merged into the latter under people v. ireland. We restricted the scope of f-m in ireland by holding it inapplicable to felonies that are an integral part of and included in fact with the homicide.
