Reply to Defense says testimony from experts will show Yeardley Love did not die from blunt force trauma but

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Help me out on this one. Huguely told the police that he kicked in the door and beat her and she dies. Does it matter if a heart condition or a beating caused her death? Isn't it still a death in the commission of a felony? [/quote]

If it didn't cause her death, then not likely to be first degree murder, but a lesser conviction of involuntary manslaughter...[/quote]

Now I need help figuring the charges out. Aren't first-degree murder and felony murder mutually exclusive? I mean, first-degree is when you set out to kill someone intentionally. Felony murder is when, say, a robbery has gone bad but you never meant to actually kill the person.

You can't have it both ways, or can you?

[/quote]

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-32

This is the poster who was asking about murder charges from a death during the commission of a felony. It looks like the felony murder charge is that charge. Felony murder and 1st degree murder seem to have the same punishment in Virginia, according to the VA code link.

I need a lawyer to help me out on this point. I think that the jury cannot consider charges that the defendant hasn't already been indicted on. Is that correct? Does that mean that 2nd degree murder is not on the table here and the jury can convict or acquit him of either murder charge, but not a different one?[/quote]

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