Reinhart Henry Nelson, John Thomas Patrick, Jr., and Alberta Russell Burns were jointly charged with murder in the first degree in that they,
"... while engaged in the commission of or in withdrawing from the scene of the crimes of Attempted Burglary in the First Degree, or Attempted Robbery, did ... shoot ... into the body of ... Dan Damitio, ... then and there mortally wounding the said Dan Damitio ......
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