Statutory Construction Problems
Felony Murder Issues:Whether there is Murder in 2
is Fel. Murder 2 available under statute?
Whether crimes expressed are the only crimes available for felony murder?Whether a felony non-expressed is qualifying predicate felony for M2?
only inherently dangerous felonies
Option 1:look at felony in the abstract
Option 2:look at felony in the circumstances in which crime was
all common law felonies not expressed quality
i.e. => where we would put gun possession? Inherently dangerous?
If no M2 possible, or if felony doesn’t qualify, likely Unlawful Act Manslaughter…