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The Water Cooler
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Accidental breaking and entering and manslaughter
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<blockquote data-quote="Dave70968" data-source="post: 3178905" data-attributes="member: 13624"><p>I ask this question honestly, not to pick on you: do you believe in the felony murder rule? Under the Oklahoma definitions, felony murder 1 is defined as:</p><p style="margin-left: 20px">12 O.S. 701.7</p> <p style="margin-left: 20px">...</p> <p style="margin-left: 20px">B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.</p><p></p><p>And felony murder 2 is defined as:</p><p style="margin-left: 20px">21 O.S. 701.8</p> <p style="margin-left: 20px">...</p> <p style="margin-left: 20px">2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.</p><p></p><p>Thus, any death occurring in the commission of any felony is automatically murder, either first degree or second depending upon the underlying felony.</p><p></p><p>So, if you say you couldn't convict without a "previous relationship or confrontation," do you reject the felony murder rule in its entirely?</p><p></p><p>(There's a decent argument to be made either way; I just want to know your thoughts.)</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3178905, member: 13624"] I ask this question honestly, not to pick on you: do you believe in the felony murder rule? Under the Oklahoma definitions, felony murder 1 is defined as: [INDENT]12 O.S. 701.7 ... B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.[/INDENT] And felony murder 2 is defined as: [INDENT]21 O.S. 701.8 ... 2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.[/INDENT] Thus, any death occurring in the commission of any felony is automatically murder, either first degree or second depending upon the underlying felony. So, if you say you couldn't convict without a "previous relationship or confrontation," do you reject the felony murder rule in its entirely? (There's a decent argument to be made either way; I just want to know your thoughts.) [/QUOTE]
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