Nature of the Case
To access this section all you need to do is click here and register.
Facts
D and four companions were driving in a car when police stopped them. The driver of the car obeyed the police commands, but D didn't, and D shot both officers dead. D fled and hid but surrendered a few days later. The trial judge left the case to the jury upon the single theory of homicide by one engaged in the commission of a felony. The judge refused to submit the other degrees of homicide to the jury other than murder in the first degree. The judge indicated that if D after shooting the first officer shot the second in an effort to escape, this was homicide while engaged in the commission of a felony and so it was murder in the first degree, irrespective of intent. D was convicted and appealed.
Support@ bsmsphd.com
Casebriefs Co