State v. Andreu

District Court of Appeal of Florida

State v. Andreu

222 So. 2d 449, 1969 Fla. App. LEXIS 5827

CourtDistrict Court of Appeal of Florida

DecidedMay 15, 1969

DocketNo. K-304

StatusPublished

Cited by3 cases

This text of 222 So. 2d 449 (State v. Andreu) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Andreu, 222 So. 2d 449, 1969 Fla. App. LEXIS 5827 (Fla. Ct. App. 1969).

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Opinion

PER CURIAM.

Appellant seeks review of an order entered by the trial court dismissing an indictment for murder in the first degree. The indictment is predicated upon the operation of the felony-murder rule as it involves the homicide of a police officer by the act of another officer occurring during the course of said officer’s efforts to apprehend appellee while the latter and his companion attempted to burglarize a residence that had been “staked out” by the former.

The facts agreed to indicate that neither the appellee nor his accomplice were known to be armed nor did they know of the presence of the officers within the residence. The record facts show that the homicide resulted from the deceased officer’s failure to adhere to the prearranged plan when he moved in the darkness in a forbidden direction intended to be “covered” by another officer. The latter, mistakenly believing the deceased to be one of the burglars, fired and mortally wounded his companion.

The trial court held in a well reasoned opinion that under the facts peculiar to the case at bar, the felony-murder rule was inapplicable.

Our consideration of the record, briefs, and oral arguments of the parties has failed to demonstrate that the order now under review is erroneous, and it is therefore

Affirmed.

RAWLS, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.

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PER CURIAM.

Appellant seeks review of an order entered by the trial court dismissing an indictment for murder in the first degree. The indictment is predicated upon the operation of the felony-murder rule as it involves the homicide of a police officer by the act of another officer occurring during the course of said officer’s efforts to apprehend appellee while the latter and his companion attempted to burglarize a residence that had been “staked out” by the former.

The facts agreed to indicate that neither the appellee nor his accomplice were known to be armed nor did they know of the presence of the officers within the residence. The record facts show that the homicide resulted from the deceased officer’s failure to adhere to the prearranged plan when he moved in the darkness in a forbidden direction intended to be “covered” by another officer. The latter, mistakenly believing the deceased to be one of the burglars, fired and mortally wounded his companion.

The trial court held in a well reasoned opinion that under the facts peculiar to the case at bar, the felony-murder rule was inapplicable.

Our consideration of the record, briefs, and oral arguments of the parties has failed to demonstrate that the order now under review is erroneous, and it is therefore

Affirmed.

RAWLS, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.

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222 So. 2d 449, 1969 Fla. App. LEXIS 5827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-andreu-fladistctapp-1969.

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