Fla. Stat, (1981) - Florida State University College of Law

In a prosecution for first degree mder, if the accused was present,
aiding and abetting the mumission or attqt of one of the violent felonies
listed in 8 782.04 (1) (a), Fla. Stat. (1981), and a homicide results frm the
mrMnission of the underlying felony, the accused is as guilty of first degree
murder as is the actual perpertrator; State v. Aguiar, 418 So. 2d 245 (Fla.
-
1982); Ernravld v. State, 399 So. 2d 1362 (Fla. 1981). However, the liability
of a felon for the acts of his co-felons is subject to the limitation that the
lethal act mtbe in furtherance of the mtmn design or unlawful act the felons
-
set out to accanplish. Adarm v. State, 341 So. 2d 765 (Fla. 1977); - Pope v. State,
84 Fla. 428, 94 So. 865 (1922). &cause it is the conmission of a homicide in
conjunction with the intent to cwrrnit the felony that substitutes for the
requirement of premeditation for first degree murder, it is necessary that there
be saw causal connection between the homicide and the felony. Bryant v. State,
412 So. 2d 347 (Fla. 1982). Thus, if the hdcide was mitted as the
independat act of a co-felon, and not a part of the mmn s&em or design,
the accused is not guilty of first degree murder. Id. Florida is not alone
in recognizing the "independat act" defense to felony-murder. See People v.
-
wood, 8 N.Y. 2d 48, 201 N.Y. S. 2d 328, 167 N.E. 2d 736 (Ct. ,App. 1960) : People
v. Kauffman, 152 Cal. 331, 92 P. 861, (Sup. Ct. 1907); Mumford v. State, 19 Md.
App, 640, 313 A. 2d 563 ('3. Sp. App. 1974).
The pmsecution theory as to Count I was multiple; that the defendant
and Tbmy Grmver ccmnitted a preditated murder of Richard Padgett because
Page -28-