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 New York law is instructive. A felony murder is committed when a person, acting alone or in concert with others, commits or attempts to commit one of nine predicate felonies, of which robbery is one, and 'in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants'. (Penal Law, § 125.25, subd 3.) By operation of law, the intent necessary to sustain a murder conviction is inferred from the intent to commit a specific, serious, felonious act, even though the defendant, in truth, may not have intended to kill. Let us examine felony murder concepts to cases where the fatal wounds were inflicted in the course of escape.


Under older statutes, it was early held that a killing committed during an escape could, under some circumstances, constitute a felony murder. In People v Giro (197 NY 152), burglars aroused a slumbering family, the son struggled with one intruder and when the mother went to the aid of her child, she was shot dead. In affirming subsequent convictions, the court stated that the ...

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