State v. Mayle
(Res Gestae)
FACTS
Conviction of first degree murder.
D and accomplice attempted to rob McDonald’s.
Unable to, the two stole an employee’s car and fled.
Two miles away, the police spotted the two allegedly attempting to break into a gas station.
A melee ensued which ended in an officer being killed by the D’s accomplice.
RULES
-A person may be convicted of first degree murder if an accomplice to the felony commits a homicide.
-Res Gestae—acts immediately following the transaction and so closely connected with it as to form in reality a part of the occurrence.
∗ Statute lists three elements to “felony murder rule”:
(1) felony or attempt thereof;
(2) D’s participation therein;
(3) death of a person during the commission of a crime.
∗ The felony murder rule may only be applied to deaths occurring during the commission of the felony
(part of the continuous transaction) which may include the act of escaping. Felony ends when reach
point of safety.
(Res Gestae)
FACTS
Conviction of first degree murder.
D and accomplice attempted to rob McDonald’s.
Unable to, the two stole an employee’s car and fled.
Two miles away, the police spotted the two allegedly attempting to break into a gas station.
A melee ensued which ended in an officer being killed by the D’s accomplice.
RULES
-A person may be convicted of first degree murder if an accomplice to the felony commits a homicide.
-Res Gestae—acts immediately following the transaction and so closely connected with it as to form in reality a part of the occurrence.
∗ Statute lists three elements to “felony murder rule”:
(1) felony or attempt thereof;
(2) D’s participation therein;
(3) death of a person during the commission of a crime.
∗ The felony murder rule may only be applied to deaths occurring during the commission of the felony
(part of the continuous transaction) which may include the act of escaping. Felony ends when reach
point of safety.
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