Question
X enters a bank and threatens to kill the teller unless the teller turns over the money in their drawer. The bank guard immediately shoots
X enters a bank and threatens to kill the teller unless the teller turns over the money in their drawer. The bank guard immediately shoots and kills X. Y who is the getaway driver realizing that Y potentially may be charged with bank robbery and murder. Y speeds from the crime scene in a reckless fashion and two blocks later kills a pedestrian. Y had no idea that X was armed. Is Y guilty of felony murder of the X? The pedestrian? Discuss both the agency and proximate cause tests. Y then drives home, changes clothes to avoid being identified and starts driving to the West Coast. Y is distracted by what has occurred and as Y enters the highway Y runs a red light and hits another car, killing the driver. Is Y guilty of the (first degree) felony murder of the pedestrian under the agency theory?
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