|
Interesting question because on the one hand, he might argue there's no actus reus, i.e., the bad act which kills the person.
The state, however, might argue that the felony murder rule applies. While its application varies from state to state, essentially, the felony murder rule is this -- if in the commission of a certain type of 'violent' felony, you kill someone, that can be first degree murder.
At the very least you're looking at negligent homicide, because stealing a car is pretty criminally negligent because bad things often happen in the course of auto theft, e.g., high speed chases. At the worst, you're looking at 1st degree murder.
I'm a few years removed from my crim law class, but this would make a good test question.. and really, it could go several ways.
__________________
SN -SINCE 1869-
"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
|
Threaded Mode
