Commonwealth v. Tejeda
Annotate this CaseAfter a jury trial, Defendant was convicted of murder in the second degree on the theory of felony-murder, with armed robbery as the underlying felony. The trial judge allowed Defendant’s motion for a required finding of not guilty on the felony-murder conviction. At issue on appeal was whether a defendant who joins with others to commit an armed robbery may be found guilty of murder on the theory of felony-murder for the killing of his accomplice by someone resisting the armed robbery. The Supreme Judicial Court affirmed the judge’s order allowing Defendant’s motion for a required finding of guilty on the indictment charging felony-murder in the second degree, holding that a defendant cannot be held criminally liable for the death of any person killed by someone resisting the commission of the felony.
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