King V. Commonwealth

We consider whether the facts in this case constitute a violation of the felony-murder statute, Code § 18.2-33. Nelson James King appeals his conviction of second degree murder under the statute. He argues that he could not be convicted of second degree murder for the accidental death of a cofelon occurring during the commission of a felony. He also argues that the trial court erred in instructing the jury on the elements of the offense. We hold that because the death was not caused by an act of the felons in furtherance of the felony, appellant is not criminally liable for the death.