State v. Barton

By information, George F. Barton was accused of murder in the first degree, in that he did, while

“ . . . engaged in committing, attempting to commit or in withdrawing from the scene of the commission of a felony, to-wit: Robbery, wilfully, unlawfully and feloniously . . . beat, touch, strike and wound one Henry Dorsten, a human being, with an iron water pipe . . . thereby mortally wounding the said Henry Dorsten, from which said wounds the said Henry Dorsten languished and died . . . ”

The information was based upon Rem. Rev. Stat., § 2392 [P. C. § 8997], the pertinent parts of which are as…