This section contains the nature of the case and procedural background.

D and four companions were driving in a car when police stopped them. The driver of the car obeyed the police commands, but D didn't, and D shot both officers dead. D fled and hid but surrendered a few days later. The trial judge left the case to the jury upon the single theory of homicide by one engaged in the commission of a felony. The judge refused to submit the other degrees of homicide to the jury other than murder in the first degree. The judge indicated that if D after shooting the first officer shot the second in an effort to escape, this was homicide while engaged in the commission of a felony and so it was murder in the first degree, irrespective of intent. D was convicted and appealed.

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