Q: A DEFENDANT CHARGED WITH FELONY MURDER (ARMED ROBBERY BEING THE FELONY) AND ALSO CHARGED WITH ARMED ROBBERY.
THE JURY RETURNED NOT GUILTY VERDICT ON FELONY MURDER, BUT GUILTY ON ARMED ROBBERY. CAN THIS BE DONE? THE ARMED ROBBERY WAS THE UNDERLINING FELONY FOR THE FELONY MURDER CHARGE IN THE FIRST PLACE.
A: Yes, this is possible. The jury found the defendant guilty of armed robbery but decided there wasn’t enough evidence for the felony murder conviction. If it was the other way around where the defendant was found innocent of the underlying felony, he couldn’t be found guilty of felony murder.
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