MovieChat Forums > The Killing (1956) Discussion > Would the charge be murder ?

Would the charge be murder ?


According to the "felony murder law" which states, in part, that all of a gang engaged in a felony are liable for murder if any one of them kills a person during the crime, would the charge against Johnny Clay (Sterling Hayden) be murder ?

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Who was killed during the crime? I can't remember anyone being killed, though I understand that some people say horse are people too.

Never let your sense of morals prevent you from doing what is right.

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An extract about plot line (taken from wikipedia) reads in part: "The heist is successful .... The conspirators gather at the apartment where they are to meet Johnny and divide the money. Before Johnny arrives, Val appears and holds them up. A shootout ensues and a badly wounded George is the sole survivor. He goes home and shoots Sherry before dying." Therefore, any gang member arrested might be chargeable under the "felony murder law".

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Well that happens after the crime though, so I imagine it would be a separate charge altogether.

Never let your sense of morals prevent you from doing what is right.

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George shooting his wife is his own personal thing, not part of the heist.

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Yes, NONE of the murders occurred during the robbery.

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Regardless, there is plenty here to send him away for a long time.

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Yes,absolutely. Armed robbery is a very serious crime and this was done on a grand scale. There were other aggravating factors;the staged brawl by the bar, the shooting of the horse, Johny slugging a security guard,etc.

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Regardless, there is plenty here to send him away for a long time.
I don't know. I think a good lawyer could get him off. No one saw the face of the armed robber. He could say he wasn't involved. He went to visit friends at the apartment, saw they were all dead and found the money there and took it. Granted that's a crime too, but much less severe.

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don't forget that Nikki Arcane (great character name, btw!) was killed by a guard/cop after killing the horse.
Once the theft is discovered, the shooting of the horse becomes an obvious part of the plan and since he is killed the charge could well be murder.


Dearly beloved
We are gathered here today
To get through this thing called life

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Are you talking about Johnny Clay? All things as is, depending on State laws, that murder charge might be accurate.

My point, however, was a defense theory where he could not be found guilty of the racetrack robbery at all.

He wore a mask. No one saw his face, and as far as we know, no evidence puts him there. His lawyer just needs to argue Clay found the money at the apartment. He was going to see a friend. When he got there, he saw a bunch of dead bodies and a lot of money. During a lapse of judgment he took the money and ran.

Of course we know this isn't true, but a jury with no knowledge of any of this would definitely have cause to see reasonable doubt. Even if they don't believe it, there's the lack of evidence. I know many might still vote to convict, but I doubt all 12 jurors would, based on this story.

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Well, he could change his last name to Clinton, then claim he didn't intend to break any laws, nor know the money was stolen.

If Eric Holder or Loretta Lynch are still Attorney General, he wouldn't even be indicted.

Then he could run off with his babe.

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that sounds about right

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