- Mar 6, 2019
- Reaction score
- Political Leaning
Here you go: Minnesota v. Rosemary Charles (Mn. Ct. of Appeals, 2001) - "Because the state was required to prove that appellant committed the predicate felony, the district court should have instructed the jury on all essential elements of second-degree assault as found in 10 Minnesota Practice, CRIMJIG 13.10 (1999). Because the district court failed to fully instruct the jury, we find that the court committed plain error."Can anyone provide another Minnesota case where a felony murder conviction was achieved where the underlying felony was itself the act that led to the death of the victim? I'm unfamiliar with such a use of the felony murder statute. It's used to prosecute stuff like an accomplice dying in a car crash during the getaway chase after a bank robbery. I've never heard of the provision being used to prosecute someone whose underlying felony was the assault that caused the death in the first place.
I had suspected that was the case, but I hadn't actually researched it before. It directly follows the statutory language.