Is it unconstitutional for the courts, as a matter of common law, to withdraw the third element of felony murder from the jury's consideration by labeling it a "question of law," where the judge's determination of that question requires a factual analysis, increases the authorized penalty above that permitted by the jury's verdict alone in violation of the Sixth Amendment, and imposes a conclusive presumption of intent in violation of the Fourteenth Amendment's due process clause?

Whether the judge or the jury decides the issue of intent in a second-degree felony murder case where the underlying felony is inherently dangerous as a matter of law