Summary of State v. Mayle, S. Ct. of App. VA 1987

Facts: Defendant Mayle and associate Bobby Stacy attempted to rob a McDonald’s restaurant.  The robbery was successful only so far as they obtained a worker’s car.  They next attempted to break into a gas station.  That was thwarted by an officer who ultimately was beaten and fatally shot by Stacy.

Issue: Whether the felony murder rule was correctly applied in this case?

Holding: The felony murder rule was correctly applied.

Procedure: Jury found Wilbert Mayle guilty of first degree murder.  Judgment affirmed.

Rule: Murder Rule 1)murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate and premeditated killing, or in the commission of , or attempt to commit, arson, rape, robbery, or burglary, is murder of the first degree. [The state is not required to prove any specific intent to kill, premeditation, or malice in a felony murder case.]

Elements of Murder 1) commission of , or attempt to commit, one or more of the enumerated felonies; 2) defendant’s participation in such commission or attempt; and 3) the death of the victim as a result of injuries received during the course of such commission or attempt.

Reasoning: The defendant’s participation in both a robbery an attempted robbery was satisfactorily proved.  There was sufficient evidence at trial that the officer was killed during the commission of the felony, as the defendants were attempting to escape an incomplete incident, or one continuous transaction.  The chain of events surrounding the robbery were ongoing even after the officer was fatally shot.