If a defendant commits a killing during an alleged robbery, but is found not guilty of the robbery, can he be guilty of felony murder based on the robbery?

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Felony murder hinges on the defendant committing a felony at the time a death occurs. The underlying felony is an essential element of the offense; you must prove beyond a reasonable doubt that the defendant actually committed that felony. If the defendant is found not guilty of the robbery, there’s no proven underlying felony to base a felony-murder conviction on. Without proof of the felony, the felony-murder charge cannot stand.

So the rule is that guilt of the underlying felony is necessary for a felony-murder conviction. The other ideas don’t fit: guilt to kill isn’t required by felony murder, and the theory doesn’t bypass proving the felonious act.