Toothpaste “abandonment”

January 15, 2013

  • 110 Criminal Law
  • 110II Defenses in General
  • 110k31.10 k. Abandonment.

110 Criminal LawAbandonment did not apply to prosecution for murder in the first degree on the theory of felony murder with armed robbery as the predicate felony, even if defendant abandoned the toothpaste he was caught stealing, where there was no evidence of abandonment, rather defendant was simply caught in the act of stealing the toothpaste and seeking to make his escape, the goods were falling from his clothing, and there was no evidence that he was actively throwing anything from his person.
Com. v. Rogers, 945 N.E.2d 295 (2011)
Suggested by Ben Frisch, Senior Attorney Editor, Westlaw