Nature of the Case
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Facts
Wilson (D) broke into the apartment of his estranged wife with the intention of scaring her and her two male companions. D shot and killed one companion in the living room and his wife in the bathroom. He was convicted of second degree and first-degree murder respectively. The judge instructed the jury that if they found that D had broken and entered the apartment to commit assault with a deadly weapon, the felony murder rule would apply. D appealed; an offense included in the murder cannot justify the use of the felony murder rule.
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