Is violence inflicted upon a victim by violence inflicted on the victim a crime committed in the other way?

is by violence inflicting an injury to the person so assaulted, resulting in death, the act becomes a constituent part of the homicide and is merged in the charge therefor. It does not follow, however, that in the other felonies, in order to bring the case within the statute defining murder, the act which caused death must be a different one from that done in the commission of the collateral felony. By the same act one may commit two crimes, and to constitute murder in the first degree, as in the commission of a felony, it is not necessary that there should be an act collateral to or independent of that which causes the death; but if the act causing the death be committed with a collateral and independent felonious design it is sufficient; thus, if the violence used to commit a rape or a robbery results in death the case is plainly within the statute, and so this court has held in the cases above referred to. But as to the felony under consideration, we think, it was merged in the homicide.

[184 N.Y. 245]The judgment and conviction should be reversed and a new trial granted.

Judgment of conviction reversed, etc.

Notes:

^* State Report Title: People v. Huter