At law, when two parties conspire to commit an armed bank robbery, and a bystander is accidentally killed during the robbery, can the parties be charged with conspiracy to commit murder?
NO! It is imperative to always look at the four corners of their agreement. Look at what they agreed to: an armed bank robbery.
Here is the good news, though: they will be charged with felony murder. How does it work? In most jurisdictions, the armed bank robbery will be a felonious crime.
If Muniru and Mojeed conspired/agreed to rob GTB, a felonious crime, and Muniru fatally shot Mrs. Faith, a cashier, in furtherance of their underlying crime, they cannot be charged with conspiracy to commit murder, but they will both be charged with felony murder.
It is IRRELEVANT that Mojeed did not pull the trigger. A co-felon is equally liable for the crimes committed by his co-felon. However, if a police officer kills a co-felon, the surviving co-felon CANNOT be charged with the death of the deceased co-felon.
DO YOU HAVE ANY QUESTIONS?