State ex rel. Painter v. Zakaib

BROTHERTON, Justice:

The issue in this case is whether a criminal defendant can be held legally responsible for the suicide of a co-conspirator which occurs during the commission of one of the felonies enumerated in W.Va.Code § 61-2-1 (1989). For the reasons set forth below, we conclude that the felony-murder statute does not apply to a situation in which the only death involved is the suicide of a co-conspirator.

The facts relevant to our decision are as follows: the State alleges that on July 6, 1990, three juveniles, Jamie Woolwine, Frederick Allen Barefield, and Ralph Gary Sevy, attempted…