McRae v. State

SCHEB, Judge.

Appellant asks this court to reverse his conviction for felony murder. He contends that the trial court erred in denying his motion to dismiss that charge since as a matter of law he could not be guilty of the crime. We agree and reverse.

On November 11, 1975, appellant and Lawrence Carl Wright entered a convenience store where they committed robbery. Marvin Robertson waited for them in a car parked outside the store. As Wright and appellant returned to the car, members of the St. Petersburg Police Department surprised them. Appellant shot at the officers. The officers returned…