State v. Wanrow

Petitioner Yvonne Wanrow seeks review of the denial of her motion to dismiss count 1 of the information charging her with second-degree (felony) murder. She asks this court to consider once again applying the doctrine of merger to the crime of second-degree felony-murder, i.e., that the assault resulting in the homicide is merged with the homicide so as to lose its separate identity, and accordingly to hold that a death resulting from a felonious assault cannot be felony-murder. We have twice before considered and rejected this doctrine. State v. Harris, 69 Wn.2d 928, 421 P.2d 662 (1966);…