Nevada does not allow felony murder when a co-perpetrator is killed

NEVADA — Not allowing a felony murder charge when a co-perpetrator is killed is established in case law.

NRS 200.030  Degrees of murder; penalties.

1.  Murder of the first degree is murder which is:

(a) Perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing;

(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person pursuant to NRS 200.5099;

CASE LAW — Sheriff, Clark County v. Hicks 

The State, in attempting to hold Hicks and Branch for the murder of their accomplice Murphy, has relied on the felony-murder rule, i.e., where a person is killed during the commission of a felony, a cohort involved in the commission of that principal crime may also be charged with murder. In support of its position, the State has relied heavily on Taylor v. Superior Court, 3 Cal.3d 578, 91 Cal. Rptr. 275, 477 P.2d 131 (1970). However, as the California court stated in Taylor, the felony-murder rule does not apply when the killing is done by the victim of the crime, because in such a case the malice aforethought necessary for murder is not attributable to the accomplice felon. The killing in such an instance is done, not in the perpetration of, or an attempt to perpetrate, a crime, but rather in an attempt to thwart the felony. NRS 200.120.[6] The application of the felony-murder rule to a situation involving felons charged with the murder of a cofelon killed by another in resisting the commission of a felony has been widely rejected. The leading case is Commonwealth v. Redline, 391 Pa. 486, 137 A.2d 472 (1958), which has been followed in many jurisdictions. State v. Garner, 238 La. 563, 115 So.2d 855 (1959); People v. Wood, 8 N.Y.2d 48, 201 N.Y.S.2d 328, 167 N.E.2d 736 (1960); People v. Austin, 370 Mich. 12, 120 N.W.2d 766 (1963); Commonwealth v. Balliro, 349 Mass. 505, 209 N.E.2d 308 (1965); People v. Morris, 1 Ill. App.3d 566, 274 N.E.2d 898 (1971).

Link to the Law — HERE

Link to the Case Law — HERE

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