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14. The defendant is guilty of
At 11:00 p.m., a couple was accosted in the entrance to their apartment building by the defendant, who was armed as well as masked. The defendant ordered the couple to take him into their apartment. After they entered the apartment, the defendant forced the woman to bind and gag her husband and then to open a safe which contained a diamond necklace. The defendant then tied her up and fled with the necklace. He was apprehended by apartment building security guards. Before the guards could return to the apartment, but after the defendant was arrested, the husband, straining to free himself, suffered a massive heart attack and died.
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Burglary is: (i) the breaking (actual or constructive, as done with force or threats); and (ii) entering; (iii) into the dwelling of another; (iv) at night; (v) with the intent to commit a felony therein.
Robbery is: (i) the wrongful taking of another's property; (ii) from his person or presence; (iii) by force or threat of injury; (iv) with the intent to permanently deprive.
Murder is the unlawful killing of another human with malice aforethought. Malice aforethought includes the intent to kill, intent to inflict great bodily harm, depraved/malignant heart, and felony murder.
Felony murder is: (i) the killing of a human being; (ii) in the course of an inherently dangerous felony, such as robbery or burglary. For a defendant to be guilty of felony murder, the victim's death must be a foreseeable result of the felony.
A is correct. The defendant is guilty of burglary, robbery, and murder. The defendant forced, at weapon point, the couple to allow him to enter their dwelling, which is sufficient for breaking and entering. When this breaking and entering occurred, the defendant had the intent to commit a theft of their property, and so, he is guilty of burglary. In addition, the defendant used force by binding the couple and used the threat of force by threatening them, in order to permanently take the necklace from the couple. Therefore, the defendant is guilty of robbery. Further, the defendant is guilty of felony murder because the husband died as a result of the commission of the robbery and burglary. The husband's death was a foreseeable result of the robbery and burglary. As such, the defendant is guilty of robbery, burglary, and murder.
B is incorrect. The defendant is also guilty of burglary by: (i) breaking (actual or constructive, as done with force or threats); and (ii) entering; (iii) into the dwelling of another; (iv) with the intent to commit a felony therein. The defendant forced, at weapon point, the couple to allow him to enter their dwelling, which is sufficient for breaking and entering. When this breaking and entering occurred, the defendant had the intent to commit a theft of their property, and so, he is guilty of burglary.
C is incorrect. The defendant is also guilty of murder. The facts show that the defendant is guilty of murder because the husband died as a result of the commission of the robbery and burglary. The husband's death was a foreseeable result of the robbery and burglary. As such, the defendant is guilty of felony murder.
D is incorrect. The defendant is also guilty of burglary and murder. The defendant forced, at weapon point, the couple to allow him to enter their dwelling, with the intent to commit a theft of their property, and so, he is guilty of burglary. He is guilty of murder because the husband died as a result of the commission of the robbery and burglary, and the husband's death was a foreseeable result of the felonies.