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Old 01-05-2012, 02:35 PM
TonyB06 TonyB06 is offline
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Quote:
Originally Posted by DaffyKD View Post
The prosecutors are using the felony murder rule http://dictionary.law.com/Default.aspx?selected=741

As long as there is a felony act in which a death occurs, you can be charged with that murder even though you had no intent to kill nor did you actually pull the trigger.

DaffyKD
Thanks for the definition KD. It now "hangs together" as far as it goes, and technically answers my question.

Here's what gave thought to my earlier comment, however. How is it that criminal participants can do/commit the same crime, yet one or more often get lesser or more severe sentences than their co-criminals (and I undertstand people turning state's evidence on each other in exchange for lighter sentences.) Are their reasons, other than state's evidence, for this?

And, in your opinion, does the co-criminal in the OP likely carry the 1st degree charge becuase a death occurred?

Don't you just love the way I assumed you were an attorney?
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