A defendant entered a convenience store wearing a Halloween mask and carrying a gun. He pointed the gun at the store clerk and told him to empty the cash register into a bag and hand it over. The clerk told the defendant that he needed a key from below the counter to unlock the cash drawer. He leaned over, pulled out a gun from behind the cash register, and quickly fired a shot. The defendant had seen the clerk reach for the gun, however, and jumped out of the way before the shot was fired. The bullet hit a customer, who later died from the injury.
Is the defendant likely to be convicted of felony murder in a jurisdiction that follows the majority law?
A. No, because the clerk could not be considered the agent of the defendant.
B. No, because the defendant did not shoot the customer.
C. Yes, because the customer’s death was a natural and probable consequence of the robery.
D. Yes, because the defendant is strictly liable for any death that occurs during an inherently dangerous felony.