Criminal Law

Brief

People v. Burton

Procedural History:

• Trial court found defendant guilty of first degree felony murder and robbery as the underlying felony crime.
• Appealed.
• Affirmed. Reversed on other grounds.

Facts:

• Defendant killed a person in the course of committing an armed robbery.

Issue:

• Can robbery support a felony murder instruction?

Holding:

• Yes.

Reasoning:

• The purpose of the felony murder rule is to deter felons from killing negligently or accidentally by holding them strictly responsible for killings they commit.
• Defendant in this case by embarking upon the venture of armed robbery brought himself within the class of persons who the Legislature has concluded must avoid causing death or bear the consequences of first degree murder.