Thomas

Defendant was charged with murder and, after a nonjury trial, was convicted, of murder in the first degree. He was sentenced to state prison; he has appealed; we affirm.

Because of the sole issue raised on this appeal, only a brief statement of facts is appropriate or necessary.

Defendant was discovered attempting to break into a locked automobile; in the ensuing struggle he hit a security officer, inflicting injuries from which the officer died. The trial court found that the attempted break-in was for the purpose of theft, thus making the attempt one to commit burglary under the provisions of section 459 of the Penal Code. Applying the provisions of section 189 of the Penal Code, 1 the trial court *575 found the killing to be murder in the first degree and sentenced defendant accordingly.

In the trial court, and here, defendant urges that in applying the felony-murder rule of section 189, burglary, as therein referred to, should be limited to those burglaries that are dangerous to life or limb and that burglary of an automobile is not inherently dangerous in that manner.

The identical contention was raised, and rejected, in People v. Earl (1973) 29 Cal.App.3d 894 […