Brief Fact Summary. The defendant, along with three confederates, was in the process of robbing a store when a victim of the robbery, attempting to resist, fatally shot one of the defendant’s co-felons. The defendant was convicted of murder under a felony-murder theory.
Synopsis of Rule of Law. The Supreme Court of New Jersey holds that the doctrine of felony-murder does not extend to situations where someone is killed as a result of the commission of the felony, but not by an act directly attributed to the felon.
In order to convict for felony-murder, the killing must have been done by the defendant or by an accomplice or confederate or by one acting in furtherance of the felonious undertaking.View Full Point of Law
Issue. Under the New Jersey Statute, which provides that “if any person, in committing or attempting to commit arson, burglary, kidnapping, rape, robbery, sodomy or any unlawful act