BAXTER, J., Concurring and Dissenting. I concur in the majority’s decision to reaffirm the constitutional validity of the long-standing second degree felony-murder rule. (Maj. opn., ante, at pp. 1187-1188.) Ever since the Penal Code 1 was enacted in 1872, and going back even before that, to California’s first penal law, the Crimes and Punishments Act of 1850 (…
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