Question
Compare the following cases to examples of felony murder in the text. Could the defendants be convicted of felony murder based on those cases? How
Compare the following cases to examples of felony murder in the text. Could the defendants be convicted of felony murder based on those cases? How would they be decided based on statutes and cases in your jurisdiction?
a. The defendant murdered a man, then raped the victim's wife. The felony murder charge was bases on the felony of rape [State v. Williams, 660 N.E.2d 724 (Ohio 1996)].
b. Accomplices armed with a BB gun, club, and pocket knife broke into a house to rob the owner. The victim, who had heard them coming and had his rifle ready, shot and killed one of them. The defendant had planned the robbery but remained outside in his truck while it was taking place [State v. Oimen, 516 N.W.2d 399 (Wis. 1994)].
c. As two felons fled the scene of a drug deal, one was killed by pursuing police. The remaining defendant was charged with felony manslaughter [State v. Kalathakis, 563 S.2d 228 (La. 1990)].
d. The driver of a stolen vehicle leads police on a high-speed chase. Two pursuing helicopters collide, killing officers riding in them [People v. Acosta, 284 Cal. Rptr. 117 (Call. App. 1991)].
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