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Weick v. State

Delaware Supreme Court

420 A.2d 159 (1980)

Relevant factsFree

During an armed home robbery, the intended victim's wife retrieved a rifle and shot and killed one of the robbers, Eugene Weick, in defense of her husband; the surviving accomplices (defendants) were convicted of second-degree felony murder for Eugene's death. They appealed, arguing the killing was not committed by a felon, accomplice, or agent of the felons as felony murder requires.

IssueFree

Whether felony murder requires that the killing be committed by the felon, one of his accomplices, or an agent of the felon.

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