People v. Hickman
Appellate Court of Illinois
12 Ill. App. 3d 412 (1973)
Rock and Hickman (defendants), fleeing after being confronted by police at a burglary scene, ran unarmed in different directions; Sergeant Cronk, pursuing on foot, spotted a man with a gun running toward him, ordered him to drop it, and when the man did not comply, fatally shot him, only for it to later emerge the man was a fellow police officer, not either defendant. Rock and Hickman were charged with burglary and, under Illinois's felony-murder statute, with the officer's death, and were convicted of both; the trial court granted their motion arresting only the murder conviction, and the state appealed.
Whether defendants fleeing an underlying felony can be convicted of felony murder for an innocent third party's death caused not by the defendants or a co-conspirator, but by another responding officer mistakenly shooting a fellow officer during the pursuit.