Under common law, felony murder requires that the killing occur during the commission of a felony.

• A. The killing must be simultaneous with the underlying felony
• B. The killing must occur during the commission of a felony
• C. The underlying felony must be inherently dangerous
• D. A co-felon must be killed

Answer: (B)

The key idea being tested is how felony murder liability is triggered at common law. Under the traditional rule, a defendant can be guilty of murder for a death that occurs during the commission of a felony, even if the defendant did not intend to kill. The death must happen in the course of the felonious conduct or in flight from its commission, not necessarily at the exact moment of the last act. So a killing that happens during the robbery (or during the escape from the robbery) can support a felony-murder conviction.

This does not require the underlying felony to be inherently dangerous. That inherently dangerous limitation is a later refinement some jurisdictions use to narrow the rule; it is not part of the basic common-law idea. And the death need not be the result of killing a co-felon—the death in question can be caused by a bystander or law enforcement during the felony, and the felon can still be liable for felony murder.

So the best statement is that the killing must occur during the commission of a felony, with the understanding that it covers deaths that happen during the felony or in flight from it, not necessarily simultaneous with the last act.