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Lessers for Felony Murder

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September 02, 2010, 10:27
rk
Lessers for Felony Murder
We have a def indicted on
murder: committing an act clearly dangerous to human life &
felony murder: committing an act clearly dangerous to human life while in the course of intentionally or knowingly committing a felony, to-wit: Robbery.

A couple of questions have come up in the trial and in the course of doing the jury charge.

1. Is agg robbery or robbery a lesser?

2. CW is 74, but we didn't pled the victim's age--does that matter? Or can we still do a lesser for robbery?

3. There's a concern that bc we said committing robbery (rather than committed robbery), the lesser can't be the completed robbery. Is that right?

I'm just now looking at this and they have a jury until probably Monday.
September 02, 2010, 11:03
JK McCown
If you will scan and e-mail a copy of your indictment, I can aswer with more certainty. Probably robbery may be lessor but agg robbery is not.
September 02, 2010, 11:12
rk
Just sent it.
Thanks for your help.