Felony Murder

People v. Washington
Supreme Court of California, 1965.

FACTS o WASHINGTON (D) and his accomplice (BALL) went to rob CARPENTER's (victim's) gas station. After CARPENTER heard someone yell out robbery, CARPENTER took out a revolver from his desk. o Moments later, BALL pointed a gun at CARPENTER. CARPENTER fired immediately, mortally wounding BALL. o CARPENTER then saw unarmed D running from the vault with a moneybag. CARPENTER shouted, "Stop." D kept on running. CARPENTER fired and hit D who fell wounded. PROCEDURE o D was convicted of first degree robbery and first degree murder for the death of BALL his accomplice. The penalty was set at life imprisonment. o D appealed; D suggested court look at cases which limited the felony murder rule by holding that "surviving felons are not guilty of murder when their accomplices are killed by persons resisting the felony" (Commonwealth v. Redline). ISSUE o Should a robber be convicted of murder for the killing of any person by another who is resisting the robbery? HOLDING o No. A robber should not be convicted of murder. o Judgment affirmed for first-degree robbery and reversed as to conviction of first degree murder. RULE o When a killing is not committed by a robber or by his accomplice but by his victim, malice aforethought is not attributable to the robber for the killing is not committed by him in the perpetration or attempt to perpetrate the robbery. REASONING o Murder is the unlawful killing of a human being with malice aforethought. o Felony Murder doctrine ascribes malice aforethought to the felon who kills in the perpetration of an inherently dangerous felony. o For a D to be guilty of murder under the felony-murder rule, the act of killing must be committed by the D or by his accomplice acting in furtherance of their common design. DISSENTING OPINION - J. Burke o Adopts the Proximate Cause Theory. Two Theories on Doctrine of Felony Murder o Agency Theory: The Doctrine of FM does not extend to a killing that is directly attributable to the act of someone other than one of the felons, even if it is "caused" by the felony. o Proximate Cause Theory: FM rule imposes liability for any death proximately resulting from the felony, including the death of one of the felons.

Felony Murder

o Cmt. Cmt. o

NOTE: Nearly all states have adopted the Agency Theory. 3: Shield Cases 4: Special circumstance Robber sentenced to first degree murder with the special circumstance of felony murder. o Robber and cop shot at each other. Cop's daughter was wounded by cop's bullet fragment.