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27. Can the man properly be convicted of felony murder?
A man entered a store with a gun, planning to rob the store. He was unfamiliar with guns and thought that the safety lock was on. When the store manager refused to give him any money, the man shook the gun at her to scare her into cooperating. The gun fired, killing the manager. A clerk ran in from the back stockroom. The man fired a shot into the air to scare the clerk. Unbeknownst to the man, the clerk had a heart condition, and the fright caused her to suffer a fatal heart attack.
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A is incorrect. The man killed two people while in the commission of a felony and may be convicted of both deaths.
B is incorrect. The man is also liable for the death of the clerk. Although the man did not shoot the clerk, he caused the clerk's death by firing his gun. Here, the clerk had a heart condition that made her more susceptible to injury or death. When the man fired the gun in the air, it caused the death of the clerk. The clerk's pre-existing conditions will not break the chain of causation. Additionally, the fact that the felony may have already been completed does not prevent the killing from being felony murder.
C is incorrect. The man is also liable for the death of the manager. The felony murder rule applies when the killing is independent of the underlying felony. In this case, the killing was independent of the robbery. Therefore, the man is liable for both deaths.