badfish wrote: mistergoft wrote:
Cavalier wrote:Felony murder might be a possibility depending on the jurisdiction, if I recall crim correctly.
I doubt stealing qualifies as in inherently dangerous felony.
doesn't have to be inherently dangerous. it can be dangerous as applied (of course this all depends on the j/x). in this circumstance a prosecutor could argue that stealing from a 91 year old is a dangerous as applied felony (assuming the stealing is a felony -- which i'm pretty sure it isn't so this whole thing might be moot anyways). sort of a stretch and i doubt any reasonable jury would actually convict the guy, but it is a colorable argument.
I was making a general statement, which encompassed both the "as applied" jurisdictions and the "objectively dangerous" standard, which, I believe, is more pervasive (maybe?). In any event, I don't think a) that there could be established, concretely, that the guy who stole knew of the person's age, so, if anything it would be "stealing from an old person is dangerous as applied" (which I don't believe would garner support) and b) that the manner in which the felony was committed was actually dangerous. Now, maybe if he had thrown the person on the ground or something he might be convicted, but, simple larceny, without more, likely would not be construed as inherently dangerous regardless of the standard employed by the jurisdiction. Although, I would certainly make the argument if I was trying to convict the guy.