New Mexico does not allow felony murder when a co-perpetrator is killed
NEW MEXICO — Not allowing a felony murder charge when a co-perpetrator is killed is established in case law.
A. Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused:
(1) by any kind of willful, deliberate and premeditated killing;
(2) in the commission of or attempt to commit any felony; or
(3) by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life.
CASE LAW — Jackson v. State
we adopt the majority and best-reasoned view; namely, the felony-murder doctrine should not be expanded to cover the situation where the victim of the crime kills a perpetrator. See People v. Antick, 15 Cal.3d 79, 123 Cal. Rptr. 475, 539 P.2d 43 (1975); State v. Canola, 73 N.J. 206, 374 A.2d 20 (1977); Commonwealth ex rel. Smith v. Myers, 438 Pa. 218, 261 A.2d 550 (1970); Commonwealth v. Redline, 391 Pa. 486, 137 A.2d 472 (1958).
We hold that, under the facts of this case, a co-perpetrator of a felony cannot be charged under our felony-murder statute with the felony murder of his co-felon when the killing is committed by the intended victim while resisting the commission of the offense. The decision of the Court of Appeals is hereby reversed. The trial court’s dismissal of the murder charge is affirmed.
Link to the Law — HERE
Link to the Case Law — HERE