Should Phillips Be Accused Of Felony Murder?

In my opinion, I believe that Phillips should have been convicted of felony murder, even when the underlying felony was grand theft by false pretenses. Principally, grand theft is when the committed value of the property taken is worth more than a minimum amount. I believe Phillip’s shouldn’t be convicted of grand theft, but should have been charged with felony murder. Linda Epping was an eight-year-old child, who had a fast growing, and rare eye Cancer, that required surgery for survival. He should have been imprisoned of murder because he advised that Laura shouldn’t go through with the surgery, and that he could cure her without surgery. He advised to provide her treatment to build up her resistance, and from July 22 – August 12, 1961, the

The jury stated that, “The grounded felony inherently dangerous to life, and grand theft is not a crime.” But, even though grand theft wasn’t the felony in his case, the felony murder involved grand theft, since they paid him for his care. He should be convicted of felony murder because he isn’t a doctor for eye cancer, he is a doctor for mechanical disorders. He should have known he wasn’t going to cure Linda, even with treatments and medication he provided. Additionally, he advised them to take her out the hospital, because it was an experimental place in which the doctors will use Linda as a guinea pig. In addition, her parents followed his orders, took her out of the hospital, and had her under Phillips care. He did testify in administering medication, to build up Linda’s general health, and prolong her life. furthermore, he said he never purported to treat cancer, but to give supportive care to the body. He described his purpose to build up her resistance, assisting the body to overcome its own deficiencies and supporting the body defenses. In reality, Linda condition had not improved, and she died six months later. But, like the jury said that the cancellation of the operation had the effect of shorting the child’s life, in which Phillips took the responsibility of trying to cure

In this case, grand theft wasn’t an inherently dangerous felony because Phillips technically didn’t do the crime of taking someone’s property against their will, he basically used the money to provide treatment/medication to Linda. Dangerous crimes according to the inherently dangerous felony / abstract approach is crimes that involved robbery, burglary, kidnapping, arson, rape, and etc. However, he didn’t do any of the above besides, “Repeatedly assuring Linda’s parents that he can cure her without surgery, and providing the care/treatment she needed.” In consequences, he should have been charged with felony murder, because he thought he could cure Linda, and although he was a doctor, he wasn’t the doctor that could have saved Linda’s life. She needed surgery, and eventually because he was held responsible for her care during that time period, the consequences of the crime backfired, because Linda died. Although, she might have received the care she needed for her body, it wasn’t the ultimate necessity care she needed to live. Overall, the jury could property have found that Phillips conduct proximately caused Linda’s death, and I agree because a life would have been saved, if he would have never got