Payne v. State

OPINION

By the Court,

Zenoff, D. J.:

This is an appeal from a conviction of first degree murder. Judgment was entered on November 5, 1964, and the defendant was sentenced to life in prison without possibility of parole. He assigns as prejudicial error the following:

1. That the trial court erroneously instructed the jury on the felony-murder doctrine since, under the facts disclosed, that doctrine would not apply as the attempted felony (robbery in this instance) was terminated and the killing took place while the defendant was in the act of escaping.

2. That the trial court erred by instructing…