In a bank robbery scheme, a woman commits theft and her accomplice drives the getaway car. The store owner sells the firearm used, knowing the plan and benefiting financially. Who could properly be convicted of murder in the death of the customer under common law?

• A. The woman only.
• B. The friend only.
• C. The store owner only.
• D. The friend and the store owner.

Answer: (D)

The key idea is the felony murder rule and accomplice liability under common law. When a death occurs during the commission of a felony, every participant who contributed to that felony—whether as a principal or as an accomplice—can be charged with murder. The death is treated as a foreseeable result of the felonious plan, and the people who helped pull that plan together bear responsibility for the homicide.

In this scenario, the bank robbery plan is the underlying felony. The accomplice who drives the getaway car clearly aided in carrying out the robbery. He is therefore liable for murder as a participant in the felony. The store owner who sold the firearm used in the robbery, with knowledge of the plan and for financial gain, likewise aided the execution of the felony; his knowing involvement makes him an accomplice to the homicide under the same doctrine. As a result, both of these individuals could be convicted of murder for the customer’s death.