Nature of the Case
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Facts
Defendant English and the victim emerged from a tavern to argue over a $10 debt the victim owed the English. English hit the victim, knocking him unconscious and eventually killing him. While the victim was unconscious, the defendant went through the victim's pockets and removed his empty wallet. Throughout the trial, the Commonwealth maintained that the death occurred during the commission of a felony robbery. The trial judge instructed the jury that in order to find the defendant guilty of felony murder, they must find that English intended to rob the victim and that the homicide occurred while the defendant was perpetrating a robbery. The jury found English guilty of a lesser charge of voluntary manslaughter.
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