Criminal Law

Brief

People v. Phillips

Procedural History:

• Defendant Convicted of second-degree murder.
• Appealed.
• Reversed.

Facts:

• 8-year old child is diagnosed with a fast-growing cancer of the eye.
• Medical doctors advised to have the eye immediately removed to save or extend the Childs life.
• Defendant was a chiropractic doctor and instead said he could cure the child without surgery.
• Took $700 from family and the child died 6-months later.
• The court could find the defendant guilty of second degree murder if it is found that he committed grand theft.

Issue:

• Were the felony murder instructions erroneous?

Holding:

• Yes.

Reasoning:

• The felony murder instruction should not have been given because grand theft, in this circumstance is not inherently dangerous.
• It withdrew from the jury the issue of malice, permitting a conviction upon the bare showing that the Childs death resulted from conduct of defendant amounting to grand theft.
• The instruction did not require the jury to find either express malice or implied malice which is manifested in an intent with conscious disregard for life to commit acts likely to kill.