The felony murder rule usually only is invoked when someone dies in the commission of a violent felony. Each state is somewhat different, of course.
The typical scenario is an armed robbery, say a pizza joint. The 4 robbers, one driving the get-a-way car, go to the store, 3 go inside to rob the store. Somebody gets excited, resists, etc. pulls a gun, and shoots one of the robbers who dies. The 3 surviving robbers are guilty of murder under the felony murder rule. The shooter, who was minding his own business before the robbery, committed no crime, self-defense, defense of others, etc.
The other usual variation is the dead person is an innocent bystander. All 4 robbers are guilty of murder, even though only one was the shooter. Let that be a lesson to you if you are running around with armed companions you don't know well!!!
There are all sorts of variations and permutations, of course.
Perhaps in this case, the shooter has the defense of protecting others. It may come down to who fired first. If husband had fired towards/into the house, that changes things.
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- by JALLEN
- Sat Dec 22, 2012 10:17 pm
- Forum: The Crime Blotter
- Topic: Murder or self defense?
- Replies: 14
- Views: 1549
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