D entered Tensor's shoe store masked and armed with a handgun. D ordered Tensor to open the cash register.
Upon finding it empty, D demanded to know where the money was. Tensor replied that there was no money. D shot Tensor in the stomach, seriously injuring him.
Procedural History:
Trial court found D guilty of attempted first degree felony murder and robbery.
MD COA reversed the murder conviction.
Issues:
Is attempted felony murder a valid crime?
Holding/Rule:
Attempted felony murder is not a valid crime because felony murder requires no specific intent to kill.
Reasoning:
A criminal attempt consists of a specific intent to commit the offense coupled with some overt act in furtherance of the intent which goes beyond mere preparation.
In order for attempt to be valid, the underlying offense must be capable of being perpetrated intentionally.
