DONWORTH, J.
Respondent was tried after a plea of not guilty to an information charging him with the crime of murder in the second degree, committed as follows:
"That he, the said Marshall Berry, in the County of Snohomish, State of Washington, on or about the 14th day of April, 1957, while then and there wilfully, unlawfully and feloniously engaged in committing, attempting to commit or in withdrawing from the scene of the commission of a felony, to-wit:...
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