People v. Sears
California Supreme Court
465 P.2d 847 (1970)
- Written by Rose VanHofwegen, JD
Facts
Earl Sears (defendant) was estranged from his wife, Clara. One night after drinking, Earl returned to Clara’s home with an iron bar hidden under his clothes and beat Clara to unconsciousness. When his young stepdaughter, Elizabeth, came in, Earl turned on her. Clara’s mother tried to intervene, but Earl attacked her with a knife and barbecue fork taken from the kitchen, and then he resumed attacking Elizabeth. Elizabeth died from a knife wound to her throat. Earl said he did not intend to attack anyone when he entered the home and meant only to talk to Clara about reconciling. Earl claimed he thought Clara would see the iron bar and listen to him. The judge gave the jury a felony-murder instruction, explaining that anyone who enters a structure with specific intent to commit a felony is guilty of burglary, making any killing during that burglary first-degree murder. The jury asked whether assaulting Clara was a felony regardless of Earl’s intent entering the home, and if so, whether the felony-murder rule required conviction for first-degree murder. The judge advised that “the specific intent to commit the assault must exist at the time of entry, otherwise the felony-murder rule does not apply.” The jury convicted Earl of first-degree murder and sentenced him to death, resulting in an automatic appeal.
Rule of Law
Issue
Holding and Reasoning (Peters, J.)
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