ZENOFF, District Judge.
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...
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