Summary of King v. Commonwealth, Court of Appeals of Virginia, 1988

Facts:  King (D) and a co-pilot Bailey were transporting 500 pounds of marijuana in a plane.  The plane was flying through mountains and suddenly it encountered fog.  The plane crashed into a mountain, killing Bailey.  D survived the crash.

Procedure: D was charged with felony-murder of Bailey based on the felony possession of marijuana.

Issue: Did the trial ct. err by applying the felony-murder rule to this case?

Holding: Ye

Rule: In order to apply the felony-murder rule, “death must be a consequence of felony…and not merely coincidence.”

Rationale:No causal connection exists between the felony of drug distribution and the killing by a plane crash. The crash of the plane was not directly a result of a act furthering the felony.  Just because the plane crashed at the time D was committing a felony does not mean that the crash was the result of this felony. If D had been flying the plane really low to the ground in order to avoid radar protection, then the felony-murder rule could have applied.  But such facts are not available in this case.