State v. Anderson
Minnesota Supreme Court
666 N.W.2d 696 (2003)
Jerrett Anderson (defendant), a felon possessing a stolen sawed-off shotgun, brought the weapon to a friend's home and, after noticing it was loaded, pointed it at his friend Rogers; the gun accidentally discharged and killed Rogers. The trial court dismissed an unintentional second-degree felony-murder charge for lack of probable cause, reasoning the underlying possession felonies weren't inherently dangerous predicate offenses, but the court of appeals reversed, and Anderson brought a pretrial appeal to the Minnesota Supreme Court.
Whether, if a killing occurs in conjunction with a felony, but the underlying felony does not itself pose a significant danger to human life, the felony may not be a sufficient predicate offense to support a charge of felony murder.