RealityMan
Registered User
Quote:
Originally Posted by minor4th
"Well the stabbing is not necessarily the felony underlying felony murder but it's the felony to support burglary -- which is remaining in someone's home unlawfully for the purpose of committing a felony <-- I think that's what Juan was arguing, that the stabbing was the felony that supports the burglary, and the burglary is the felony that supports felony murder.
So basically the difference is a stabbing that occurs in someone's home (felony murder) and a stabbing that occurs outside someone's home."
So JM's description that a stabbing occuring in somebody's home would always constitute felony murder isn't accurate. A burglary is one of the crimes listed in the Arizona criminal statute, but not a stabbing.
See
http://en.wikipedia.org/wiki/Felony_..._rule_(Arizona), reproduced below under the Creative Commons Deed:
Quote:
Originally Posted by
http://en.wikipedia.org/wiki/Felony_murder_rule_(Arizona)
Arizona abolished all common law criminal concepts and replaced them with criminal statutes. The felony murder rule survives in Arizona by current statutory law. The felony murder rule holds that a killing of a person occurring in the course of, or in the immediate flight from, the commission of the following crimes is considered murder in the first degree:
Sexual Conduct with a minor
Sexual Assault
Molestation of a child
Terrorism
Marijuana offenses
Dangerous drug offenses
Narcotics offenses
The use of minors in drug offenses
Drive by shooting
Kidnapping
Burglary
Arson
Robbery
Escape
Child abuse
Unlawful flight from a pursuing law enforcement vehicle
A person convicted of murder in the first degree faces possible sentences of life imprisonment or, when aggravating factors exist, the death penalty. (citations omitted)
Thanks