Weick v. State

420 A.2d 159 (1980)

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Weick v. State

Delaware Supreme Court
420 A.2d 159 (1980)

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  • Written by Josh Lee, JD
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Facts

Frank Weick, Jeffery Messick, Jerry Connelly, and Gary Connelly (defendants) developed a plan with Eugene Weick to rob Robert and Kathy Fitzgerald. Three of the defendants had sawed-off shotguns. The defendants went to the Fitzgeralds’ home and held Robert at gunpoint. Kathy saw this from another room and came out with a rifle. Kathy then shot and killed Eugene Weick. The defendants escaped from the home, and the State of Delaware charged them with second-degree felony murder. The jury convicted the defendants, and they appealed.

Rule of Law

Issue

Holding and Reasoning (Herrmann, C.J.)

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Casebooks

Criminal Law

Key Terms

  • Felony-Murder RuleRule originating in the common law, now generally modified by statute, under which a person participating in committing a felony can be convicted of first-degree murder for any death occurring in the course of the felony, even if the death was accidental or caused by a co-participant.

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