*** AGENCY THEORY: (pp310 of your case book)
FMR does NOT extend to a killing, although growing out of a felony, 
if it was committed by someone other than the defendant or accomplice.

Only the felons must be responsible for the killing. (not victims or 
cops)

Example: 2 defendants. 1 of them screws up the robbery and the 
VICTIM SHOOTS HIM. The other defendant is charged with FMR for the 
death of his Co-Defendant, even thought the VICTIM shot the gun.

Under the AGENCY THEORY, the lethal response (killing) by the victim 
was justifiable because he was only responding to the robbery. 
Therefore, it wasn't an unlawful act.


***RED LINE THEORY (pp. 311 of casebook)
any death in the commission of a felony, UNLESS the death is 
JUSTIFIED.

Example (Commonwealth v. Redline): 2 other dumb defendants. One is 
killed by a POLICE OFFICER while resisting arrest. His living co-
defendant is charged with his death.

Under the Red Line theory, the killing by the Police officer was 
justifiable and wasn't an unlawful act. Living defendant shouldn't 
be charged.

Questions? Email me...
Stay tuned for FMR examples.

-- Anna