State v. Andreu

Appellant seeks review of an order entered by the trial court dismissing an indictment for murder in the first degree. The indictment is predicated upon the operation of the felony-murder rule as it involves the homicide of a police officer by the act of another officer occurring during the course of said officer’s efforts to apprehend appellee while the latter and his companion attempted to burglarize a residence that had been “staked out” by the former.

The facts agreed to indicate that neither the appellee nor his accomplice were known to be armed nor did they know of the presence of the…