Felony Murder

Commonwealth v. Redline
Supreme Court of Pennsylvania, 1958.

FACTS o Around midnight, REDLINE(D) and his accomplice, WORSECK, perpetrated at gunpoint a robbery at a restaurant. They disarmed two police officers and held them captive inside the restaurant. o When fleeing from the restaurant, D and WORSECK forced HERSCHMAN (an innocent third party) to accompany them. o Outside, cops were waiting for them. D aimed a gun at a cop, shot at him, but missed. The cops returned fire. o During the shooting, two policemen were seriously wounded, D was wounded and WORSECK was fatally wounded by a policeman's bullet. PROCEDURE o D was convicted of first degree murder for the death of WORSECK, even though D did not actually shoot WORSECK, with penalty fixed at life imprisonment. o D appealed. ISSUE o Should the Felony Murder Doctrine be applied to D when it was a policeman, who in the performance of his duty, justifiably killed D's accomplice to armed robbery? HOLDING o No. o The Felony Murder Doctrine does not apply when the victim of the homicide was one of the robbers who was shot by a policeman in the performance of his duty. o Judgment reversed and remanded. RULE o When a felon is justifiably killed by a police officer, the Felony Murder Doctrine cannot be applied to the co-felon. REASONING o In adjudging a felony murder, malice is imputed to a felon for a killing incidental to his felony. o "It is necessary to show that the conduct causing death was done in furtherance of the design to commit the felony. Death must be a consequence of the felony and not merely coincidence." Shield cases o The causation requirement for responsibility in a felony murder is that the homicide stem from the commission of the felony. DISSENTING OPINION - J. BELL o The reason for the felony murder doctrine is the protection of society. o Malice is just as much present in the felons in a so-called justifiable killing (when cop kills felon) which occurs in a robbery, as it is in an accidental or unintentional killing (cop shoots innocent third party) which occurs in a robbery.