Legal Question in Criminal Law in Massachusetts

felony murder

husband convicted of felony murder under the theory but was never charged w/ any predicate felony & found guilty of 1st dgr felony murder under theory that robbery was committed but no robbery was committed & the inst. of armed robbery was given. the theory of robbery was never proved & the judge in giving the instructions of manslaughter stated in his reasoning for giving the instruction that there was no robbery.if no robbery was committed how can one be convicted of felony murder? he was convicted of 1st degree felony murder under the theory of armed robbery and the theory wasnt proved. this was in 1993, we have finally saved up some money and have hired an attorney as a jail house lawyer has said that this happening is grounds for a new trial. what is your opinion?


Asked on 3/05/09, 11:56 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: felony murder

One would have to review the transcript; jail house lawyers are often so wise that they are in jail. It may be a good place to start, but not a good place to end. If you need help, contact me.

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Answered on 3/09/09, 11:08 pm
George Davis Law Office of T. George Davis, Jr.

Re: felony murder

Was there an attempted robbery?

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Answered on 3/06/09, 11:51 am


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