State v. Morris

This is an appeal from a conviction of first-degree murder.

The only assignment of error challenges the giving of the statutory “felony-murder” instruction. The defendant contends that the instruction was not appropriate under the evidence and was prejudicial.

The evidence tended to prove that, after arming himself with a pistol, the defendant, about 2:00 a.m., paid a visit to the home where his estranged wife and son were living with one Milton Libby. Defendant knocked on the front door. His wife turned on the light and went to the door but did not open it. The defendant fired his pistol. The…