Evans v. Dorethy

Dist. Ct. did not err in denying defendant’s habeas petition challenging his felony murder conviction that was based on “mob action” felony. While defendant argued that his 6^th Amendment right to have jury determine every factual element required for his conviction was violated in that jury was not instructed to determine whether underlying offense of mob action had felonious purpose independent of instant killing, Ct. of Appeals rejected defendant’s claim, after observing that Ill. statute defining felony murder does not include “independent felonious intent” element.