People v. Miller

The issue presented upon this appeal is whether a burglary based upon the crime of assault can properly serve as the predicate for a felony-murder conviction.

On the morning of October 25, 1970, the defendant knocked on the door of an apartment directly below his own apartment. When Robert Pennell, one of the occupants, opened the door, the defendant, armed with a butcher knife and a spray can, sprayed at Fennell’s face and then stabbed him in the arm. As Fennell backed away, the defendant followed him into the apartment, continuing to spray and stab him. As Fennell tripped and fell to the…