Writing and Analysis in the Law” 7th Edition book
Exercise 2-K from “Writing and Analysis in the Law” 7th Edition book
Synthesis the 5 cases below into one rule
The question is whether at the time one defendant committed a murder, the other defendants was “in immediate flight” from a robbery they had both committed and therefore was also chargeable with the murder under the state felony murder law. The murder was of a third felon of their group. Synthesize the holdings in these five cases in order to formulate the relevant factors in determining whether a defendant was “in immediate flight.”
Case 1:
The murder was committed by Alfred one day after Alfred and Bob robbed a store together. Bob was in another country 50 miles away.
Held: Bob was not in immediate flight from the robbery.
Case 2:
The murder was committed by Delia as she and Gene were being chased by the police moments after they had robbed a store.
Held: Gene was in immediate flight from the robbery.
Case 3:
The murder was committed by Adam one hour after he and Keith had robbed a store. Keith had gone to buy the two of them bus tickets to Atlantic City. They had agreed to divide the proceeds when Adam joined Keith at the bus terminal.
Held: Keith was in immediate flight from the robbery.
Case 4: The murder was committed by Barbara two hours after she and Dan had committed a robbery. One hour after the robbery, Dan had surrendered to the police and was in police custody.
Held: Dan was not in immediate flight from the robbery
Case 5: The murder was committed by George at 10pm. At 5pm George and Bert had divided the proceeds from the robbery that they had commented at 4pm.
Held: Bert was not in immediate flight from the robbery.
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