State v. Mayle
Supreme Court of Appeals of West Virginia
357 S.E.2d 219 (1987)
Relevant factsFree
Wilbert Mayle (defendant) and Bobby Stacy robbed a McDonald's restaurant. About thirty minutes later, the two broke into a gas station, where a responding police officer was killed. Mayle was convicted of felony murder and appealed, arguing the underlying robbery was already complete when the officer died.
IssueFree
Whether a defendant may be guilty of felony murder when the killing occurs after the underlying felony is technically complete, but while the defendant's escape from the crime is still ongoing.