Criminal Law Keyed to Dressler
State v. Sophophone
Facts
The Defendant and three others conspired to burglarize a residence. The resident reported the break in, and police officers responded to call. The individuals all ran. The Defendant was chased and apprehended. His co-felon, Somphone Sysoumphone, was chased, caught, and ordered to the ground. With his face down to the ground, Sysoumphone raised up and fired at the police officer. The officer returned fire and killed Sysoumphone. The Defendant was charged with and convicted of felony murder on the theory that the Defendant proximately caused Sysoumphone’s death by setting in motion the acts causing his death. This appeal ensued on the issue of whether the death of a co-felon can constitute felony murder.
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