1st Degree Felony Murder


First Degree Murder

Under a theory of 1st Degree Felony Murder, the prosecutor must prove:

1. That the Defendant caused the death of the deceased, that is that the deceased died as a result of (insert the alleged act causing death, for example, gunshot, stabbing, strangulation).

2. That the Defendant had one of these three states of mind:
a. S/he intended to kill;
b. S/he intended to do great bodily harm to the deceased; or
c. S/he knowingly created a very high risk of death or great bodily harm knowing that death or such harm would be the likely result of his/her actions.

3. That when s/he did the act that caused the death of the deceased, the Defendant was committing (or attempted to commit / or helping someone else to commit) the crime of (state the felony). For the crime of (state the felony), the prosecutor must prove each of the following elements beyond a reasonable doubt (must state the elements of the underlying felony).

4. That the killing was not justified, excused or done under circumstances to reduce it to a lesser crime.

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