Campbell v. State case brief (293 Md. 438)

Campbell v State
293 Md. 438 (1982)

FACTS
-D and another entered a taxi cab of Alston. 
-Branch (co-felon) pulled out a gun and stated it was a stick up.  
-The driver handed over the money and wallet. 
-The actors stated that they would have to kill him b/c he saw their faces. 
-Branch ordered him to drive.  Alston saw a police car and slammed on the brakes.  
-Branch and Alston exchanged fire each wounded the other. 
-D fled and co-felon was shot by an officer.  It was unclear who’s bullet killed Branch. 
-The D was arrested later and the moneybag and wallet were nearby.

ISSUE
-Did the killing of a co-felon during an armed robbery, by either a police officer, or a victim resisting constitute murder in the first degree, under the felony murder rule?

HOLDING
No

PROCEDURAL HISTORY
Trial court accepted guilty plea, and convicted robbery w/ deadly force, 1^st degree murder, assault with intent. 
-D was Sentenced to life.
-Reversed.

RULE
Under the Felony Murder Doctrine a participating felon is guilty of murder when a homicide has been committed by a co-felon.

ANALYSIS

-The factual statement presented to trial shows that in the course of the robbery, a fleeing felon was killed by either a cop or a victim.  The killing was committed to thwart a felony not to further it. 
-The felony murder doctrine should not be extended. 
-Criminal culpability shall continue for all lethal acts committed by a felon, or an accomplice, acting in furtherance of a common design.
-Criminal culpability shall not be imposed for lethal acts of non-felons that are not committed in furtherance of a common design. 
-The causal connection between the acts of the felons and the death of a co-felon has to have a sufficiently close and direct relationship.

Link to Case:  Campbell v. State (MD)