by Gart » Mon Nov 21, 2005 2:54 pm
I'm familiar with the felony murder rule, but that principle represents the ability to charge someone with murder who had no actual involvement with the murder committed by a felonious co-conspirator, typically. Like the guy driving a getaway car for a robbery can be charged with a murder committed inside the house by a fellow robber, even though the driver had no idea what the other guy was up to. People have been given the electrical chair for murder on those facts.
What I wasn't clear on was how a jury could find facts consistent with both an involuntary manslaughter conviction and a murder conviction, because the standards of intent are so different.
I don't think it's possible under my state's law, but I am really stale on criminal law. These embedded charges get pretty complicated sometimes.
Bubba must be right about the lesser included offense, but I'm still not sure how that would be possible given the very different standards. But obviously it is possible. I just found it a bit odd.