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People v. Huter, 22 Bedell 237, 184 N.Y. 237, 77 N.E. 6

Facts

On March 20, 1905, Jacob Huther broke into a bakeshop and attempted to steal crates of eggs. When discovered by a watchman, he fled the scene, abandoning the stolen property. During his escape, he shot and killed Police Officer Enright, who was pursuing him. The trial court instructed the jury that if they found Huther intended to kill Enright or if the killing occurred during the commission of a felony, they could convict him of murder in the first degree.

Between 4 and 5 o'clock on the morning of March 20, 1905, the defendant broke into the bakeshop of Paul Scheel… the defendant suddenly drew his revolver and shot the policeman, producing a wound from which he died within a few hours.

Issue

Did the trial court err in instructing the jury that they could convict Huther of murder in the first degree if they found he was engaged in the commission of a felony at the time of the shooting?

This presents the only question which we are called upon to review.

Rule

Under section 183 of the Penal Code, murder in the first degree occurs if a person kills another with a deliberate and premeditated design or while engaged in the commission of a felony.

Under the provisions of section 183 of the Penal Code it is murder in the first degree if the killing of a person is not excusable or justifiable when committed from a deliberate and premeditated design to effect the death of the person killed, or of another; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise.

Analysis

The court analyzed whether Huther was still engaged in the commission of the burglary when he shot Officer Enright. It concluded that Huther had abandoned the burglary by fleeing the scene and abandoning the stolen property. Therefore, he could not be convicted of murder in the first degree under the felony murder rule, as he was not committing a felony at the time of the shooting.

We, consequently, conclude that at the time of the killing of Enright he had ceased to be engaged in the commission of a burglary.

Conclusion

The court reversed Huther's conviction and ordered a new trial, concluding that he was not engaged in the commission of a felony when he shot Officer Enright.

The judgment and conviction should be reversed and a new trial granted.

Who won?

Jacob Huther prevailed in the appeal because the court found that he had abandoned the burglary and was not committing a felony at the time of the shooting.

The trial court, as we have seen, instructed the jury that if they found that Officer Enright was killed by the defendant while attempting to escape from the premises of Scheel in the manner described by the witnesses, that then their verdict might be for murder in the first degree.

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