People v. Hicks, 287 N.E.2d 107 (N.Y. 1972)
For a conviction of felony murder to stand, the intent to commit the underlying felony must precede or be concurrent with the killing; the felony cannot be merely an afterthought.
Summary
The case of People v. Hicks concerns the critical element of intent in a felony murder charge. Hicks was convicted of felony murder for killing Albert Hicks during a robbery. The Appellate Division reversed, finding the jury instructions allowed for a conviction even if the intent to rob arose after the killing. The Court of Appeals reversed the Appellate Division’s decision, holding that the jury instructions, taken as a whole, adequately conveyed that the intent to commit the robbery must have existed before or during the killing for a felony murder conviction to be valid. The court emphasized that the act of robbery must be connected to the act of killing to constitute felony murder.
Facts
The defendant, Hicks, while in the company of friends, stated he needed money and might have to kill someone to get it. Shortly after, Hicks encountered Albert Hicks. The two entered a building together. Upon exiting, Hicks attacked Albert Hicks, stabbing him fatally. Hicks then took change from the victim’s pocket. Police found the victim’s body with a pocket turned inside out.
Procedural History
The trial court convicted Hicks of felony murder. The Appellate Division reversed the conviction, finding the jury instructions allowed the jury to convict even if the intent to rob arose after the killing. The People appealed to the New York Court of Appeals.
Issue(s)
Whether a defendant can be convicted of felony murder where the intent to commit the underlying felony (robbery) arose after the killing.
Holding
No, because a person can only be convicted of felony murder if the killing occurs during the attempted execution of the underlying felony, and the intent to commit that felony must exist before or during the killing.
Court’s Reasoning
The Court of Appeals reversed the Appellate Division, reinstating the original conviction. The court emphasized that the trial judge repeatedly instructed the jury that the injury resulting in death must have been inflicted “during the commission of a robbery, or an attempted robbery, and while the killer was engaged in committing such act.” The court highlighted the importance of the connection between the act of killing and the intent to commit the robbery, stating, “To constitute felony murder the injury which resulted in death must have been inflicted during the commission of a robbery, or an attempted robbery, and while the killer was engaged in committing such act.” The court acknowledged the Appellate Division’s concern regarding the trial judge’s response to a jury question about whether robbery could be committed on a dead person. However, the court concluded that the judge’s overall instructions made it clear that the killing had to be perpetrated “for the purpose” or “in the course” of a robbery. In essence, the jury had to find that Hicks intended to rob Albert Hicks at the time he stabbed and killed him to convict him of felony murder. The court found the instructions as a whole were sufficient to inform the jury of this requirement. The court thus reinforced the principle that the intent to commit the underlying felony must precede or be concurrent with the killing for a felony murder conviction to stand.