Criminal Law – Felony – Murder-Guilt of Robber for the Justifiable Killing of His Accomplice by a Policeman

The defendant was convicted of murder in the first degree for the death of his co-felon resulting from a wound inflicted by a policeman while the felons were fleeing the scene of a robbery. On appeal to the Supreme Court of Pennsylvania, held, reversed, one judge dissenting. For conviction in felony-murder, the killing must be done by the defendant or by one acting in furtherance of the felonious undertaking. One cannot be convicted for the consequences of lawful conduct of another person. Commonwealth v. Redline, 391 Pa. 486, 137 A. (2d) 472 (1958).