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Man Who Did Not Fire A Shot Found Guilty Of First Degree Murder

Illinois has statute under 720 ILCS 5/9-1, that sets forth in pertinent part:

A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death, he is attempting or committing a forcible felony other than second degree murder.”

That means that if John plans to rob a house and takes Sam along, and the homeowner kills Sam, that John is charged with first-degree murder for Sam’s death.  Only in Ogle County, Illinois, prosecutors saw it as manslaughter.

In October, I mentioned the following two cases in a blog article.  To refresh our memory;

Cody Moore

Cody Moore

In April 2008, Cody Moore, 19; drove Nathan Whitmire, 17; Justin Doyle, 15, and Travis Castle, 14, to a home in neighboring Ogle County.  Moore knew that the owner of the house was in the hospital, and drove the other guys there to rob the house of guns and money.  He did not know, however, that there was a house guest. The house guest heard breaking glass and coming out of the bedroom, saw 14-yr-old Travis with a gun and fired two shots.  One grazed Travis on the neck, and the other was fired into his chest, killing the 14-year-old. Read the rest of this entry

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