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57 UMKC L. Rev. 85 (1988-1989)
The Felony Murder Rule Is Alive and Well in Missouri, but Should It Be

handle is hein.journals/umkc57 and id is 87 raw text is: THE FELONY MURDER RULE IS ALIVE AND WELL IN MISSOURI, BUT SHOULD IT BE? I. INTRODUCTION In 1984, the Missouri Supreme Court upheld the felony murder conviction of Denver O'Dell for the shotgun slaying of Eugene Pyatt.1 O'Dell did not kill Pyatt, nor did he intend to kill him. Although he was present when Pyatt was killed, he never fired a shot. In fact, he was not holding a gun at the time. Furthermore, he never was convicted of an underlying felony to support a conviction under the felony murder rule. Black's Law Dictionary defines felony murder as any homicide committed while perpetrating or attempting a felony.2 Despite its questionable origins3 and frequent criticisms,4 the felony murder rule exists in the vast majority of states today.' This Comment will trace the history of the felony murder rule and its development in Missouri. It then will analyze the rule, first considering some arguments offered in support of the rule and then demonstrating that the arguments in opposition to the rule are much stronger than those in favor of it. An analysis of the effect of the felony murder rule on some basic tensions in the criminal law also is provided. Next, this Comment will apply the rule to a series of hypothetical cases to demonstrate its effect, and then conclude with an argument that the rule should be abolished. II. HISTORY At early common law, a party could be found guilty of murder for any killing done during the perpetration of a felony.6 Since the penalty for most felonies, including murder, was death,7 it was not important to determine whether the party was guilty of murder or of the underlying felony, since the penalty for both crimes was the same. As our legal system developed, different penalties were imposed for different crimes. Therefore, today it is very important to determine whether the party is guilty of murder or of the underlying felony. 1. State v. O'Dell, 684 S.W.2d 453 (Mo. Ct. App. 1984). 2. BLAcK's LAw DicTONARY 714 (4th ed. 1968). 3. See People v. Aaron, 409 Mich. 672, -, 299 N.W.2d 304, 307 (1980). 4. See Roth & Sundby, The Felony-Murder Rule: A Doctrine at Constitutional Crossroads, 70 CORNELL L. REV. 446 (1985). 5. Id. 6. For an historical overview of the origins and early applications of the rule, see People v. Aaron, 409 Mich. 672, - , 299 N.W.2d 304, 307-12 (1980). 7. See id. at - , 299 N.W.2d at 310. 8. Today, for example, in Missouri, murder may be punished by life imprisonment, while the maximum penalty for arson is 15 years if no one is injured. See Mo. REv. STAT. §§ 565.020, 569.040, 558.011 (Supp. 1988).

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