STATE v. WANROW

No. 45102.

91 Wn.2d 301 (1978)

588 P.2d 1320

THE STATE OF WASHINGTON, Respondent, v. YVONNE WANROW, Petitioner.

The Supreme Court of Washington, En Banc.

December 28, 1978.


Attorney(s) appearing for the Case

Elizabeth M. Schneider, Susan B. Jordan, Cumings, Jordan & Morgan, Mary Alice Theiler, and Smith, Kaplan, Withey, Ford & Theiler, for petitioner.

Donald C. Brockett, Prosecuting Attorney, and Fred J. Caruso, Deputy, for respondent.

Mark Leemon, Richard A. Hansen, and Robert C. Boruchowitz on behalf of Seattle-King County Public Defender Association, Ronald L. Hendry on behalf of Washington Association of Prosecuting Attorneys, and Jeremy Randolph, Prosecuting Attorney for Lewis County, amici curiae.


HOROWITZ, J.

Petitioner Yvonne Wanrow seeks review of the denial of her motion to dismiss count 1 of the information charging her with second-degree (felony) murder. She asks this court to consider once again applying the doctrine of merger to the crime of second-degree felony-murder, i.e., that the assault resulting in the homicide is merged with the homicide so as to lose its separate identity, and accordingly to hold that a death resulting from a felonious...

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