Obviously, good points Seraph. All states differ a bit. I was speaking in vanilla law school speak, so forgive me. I was harping on the felony murder concept generally. However, I went looking and
HERE are death row statistics for all states. For each one, click on the state and scroll down to look for the answer to the question "Is Felony Murder a Capital Offense."
You will find that in Alabama, it is NOT.
You will also find that New York's answer is in accordance with what you have said: "No, murder in the course of a felony qualifies for the death penalty, but murder must be intentional." I should have made mention of this and I should have remembered it, since at one point in time I had to learn it for the NY bar. Well, ooooooooops is all I really can say in my defense. [img]tongue.gif[/img]