Felony Murder

It goes by different names in different jurisdictions. But it is usually an option for prosecutors. Homeowner shoots burglar, other burglar charged with murder

“If you are participating in a felony and someone is injured or killed in the participation of that felony, even if it’s one of your buddies or co-conspirators, you can be charged with that assault or death,” Martha Earnhardt, a spokeswoman with the Montgomery Department of Public Safety, said Friday.

The two miscreants were armed that night in June, but so was the homeowner. One of the miscreants is dead; the other charged with murder.

Can’t charge the homeowner as he as engaged in lawful self-defense.


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