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Campbell v State
Ct. App. Maryland, 1982
Author:- Sam Biers
Facts: Df and another entered a taxi cab of Alston. Branch (cofelon) 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. Df fled and cofelon was shot by an officer. It was unclear who’s bullet killed Branch. Df was arrested later and the moneybag and wallet were nearby.
Issue: Whether the killing of a co-felon during an armed robbery, by either a police officer, or a victim resisting constitutes murder in the first degree, under the felony murder rule?
Holding: No
Procedure: trial ct accepted guilty plea, and convicted robbery w/ deadly, 1st degree M, assault with intent. Sentenced to life, concurrent. Reversed.
Rule: Under the FM Doctrine a participating felon is guilty of murder when a homicide has been committed by a co-felon.
Ct Rationale: 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. That 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 nonfelons that are not committed in furtherance of a common design. The causual connection between the acts of the felons and the death of a cofelon has to have a sufficiently close and direct relationship.
PL A: The death was a proximate cause of the actions of both the felonious actors involved, to which a death resulted, and was foreseeable.
Def A: The co-felon was killed by either the victim or the police officer, not to further the felony of robbery, attempted murder, or aggravated assault.