State v. Sophophone - State v Sophophone 19 P.3d 70(2001...

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State v. Sophophone 19 P.3d 70 (2001) Fact: Procedural Facts: From Trail court, to direct appeal. Operative Facts: Sophophone was committing a burglary with three other people, and the police confronted them. They ran, and Sophophone was caught and handcuffed. Another burglar shot at the police, and the officer lawfully killed him. Sophophone was charged for the death of his partner-in-crime, and appealed because the killing was a lawful act from the police officer. Felony-murder has 2 theories. 1) Agency (majority), which limits application to those homicides committed by the felon or agent of the felon. 2) Proximate, liability attaches for ANY death proximately resulting from the unlawful activity. Courts held that since the killing was a lawful act, and was not a direct act of the defendant, felony murder of his co-felon is not to be added on to his charges. Issue: Does the death of a co-felon = felony murder when he was lawfully shot from a 3 rd party? Rule:
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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