September 02, 2010, 10:27
rkLessers 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 McCownIf 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
rkJust sent it.
Thanks for your help.