If the homicide occurs first and is later followed by a separate felony, the felony murder rule can still apply.

Name: If the homicide occurs first and is later followed by a separate felony, the felony murder rule can still apply.
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The felony murder rule applies when a death occurs during the commission or attempted commission of a felony. If the homicide occurs first, it cannot be said to have occurred during or as a result of the felony.

If the Homicide Occurs First and Is Later Followed by a Separate