Question

Rules for the application of the circumstances which qualify the killing to murder:

Accepted Answer

1. That murder will exist with only one of the circumstances described in Art. 248.

2. Where there are more than one qualifying circumstance present, only one will qualify the killing, with the rest to be considered as generic aggravating circumstances.

3. That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating.

4. That any of the qualifying circumstances enumerated in Art. 248 must be alleged in the information.

Circumstances Qualifying Qualify Art Considered Generic Rules Application