The definition of Felony murder is a criminal homicide that occurs during the commission or attempted commission of a felony. What differentiate felony murder from murder is the absence of the typical murder intent. In this case, Tracy Stewart did not intend to kill Travis. The parents were charged with second-degree felony murder and felony-child-abuse, with the felony-child abuse charge serving as a predicate felony to the second-degree murder charge. Permitting a child to be a habitual sufferer is not an inherently dangerous felony and therefore cannot be basis of a felony murder charge.
Stewart was improperly charged with second degree murder. The prosecution did not allege that defendant intentionally withheld food or care from her son.
