State v. Anthony
427 So. 2d 1155 (1983)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A homicide committed during the flight from a felony is considered to be 'in the perpetration' of that felony for purposes of the felony-murder rule. The felony is not complete until the offender has reached a point of temporary safety, and the escape is considered part of a continuous transaction with the underlying crime.
Facts:
- Michael Anthony burglarized the apartment of William Squire.
- Anthony left the apartment and, a couple of blocks away, snatched a woman's purse.
- After being pursued for the purse snatching, Anthony returned to and re-entered Squire's apartment to hide.
- Inside the apartment, Anthony armed himself with a knife.
- Anthony left the apartment for a second time in an attempt to escape.
- While fleeing, Anthony encountered Angela Summers, an 83-year-old woman who lived nearby.
- Anthony slashed Summers' throat with the knife, killing her within seconds and approximately 100 feet of the apartment.
Procedural Posture:
- The State of Louisiana indicted Michael Anthony for first-degree murder in the trial court.
- Anthony filed a motion for a bill of particulars, to which the state responded that it would rely on the aggravating circumstance that the murder occurred during an aggravated burglary.
- Anthony filed a motion to quash the indictment, arguing that the killing did not occur 'in the perpetration of' the burglary because he was fleeing the scene.
- The trial court heard arguments and granted Anthony's motion to quash the indictment.
- The State of Louisiana (relator) successfully petitioned the Supreme Court of Louisiana for a writ to review the trial court's ruling.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a homicide committed while an offender is fleeing the scene of an aggravated burglary constitute a killing 'in the perpetration of' that burglary under the first-degree murder statute, even if there was an intervening criminal act between the burglary and the homicide?
Opinions:
Majority - Dixon, Chief Justice
Yes, a homicide committed while fleeing the scene of an aggravated burglary constitutes a killing 'in the perpetration of' that felony. The court rejects the 'technical completion' theory of a felony, which would end the crime upon exit, in favor of a 'continuous transaction' or 'res gestae' analysis. Under this view, the escape is an integral part of the crime itself, as one of the offender's aims is to retreat safely and undetected. Citing precedent from its own and other jurisdictions, the court found no meaningful distinction between flight from a robbery and flight from a burglary. The homicide and the burglary were closely connected in time and place, forming a single criminal incident without a significant break in the chain of events. The court also noted that the second entry into the apartment, where Anthony armed himself to facilitate his escape, could itself be considered an aggravated burglary, and the subsequent killing would have occurred during flight from that felony.
Concurring - Blanche, Justice
Yes, the indictment should stand, but on narrower grounds. The concurring opinion disagrees that the homicide was part of the res gestae of the first burglary, arguing that the subsequent purse snatching was a wholly separate crime that broke the chain of events. However, a jury could find that Anthony's second unauthorized entry into the apartment—where he armed himself with a knife—constituted a new and distinct aggravated burglary. The homicide, which occurred immediately after he fled this second entry to facilitate his escape, was therefore committed in the perpetration of the second burglary. On this basis, the motion to quash was improperly granted.
Analysis:
This decision formally adopts the 'continuous transaction' doctrine for felony murder in Louisiana, expanding the timeframe during which a killing can be linked to the underlying felony. By rejecting a narrow 'technical completion' view, the court holds that the felony continues through the immediate flight and escape phase. This precedent broadens the scope of liability for first-degree murder, making it easier for prosecutors to secure such a charge for killings that occur shortly after a felony is committed, as long as the events are part of an unbroken chain.
