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

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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