OPINION
SOSA, Chief Justice.
The sole question presented by this petition for writ of certiorari is whether a co-perpetrator of a felony can be charged with the felony murder of a co-felon, under § 30-2-1(A)(3), N.M.S.A. 1978, (formerly § 40A-2-1(A)(3), N.M.S.A. 1953), when the killing is committed by the intended robbery victim while resisting the commission of the offense. We hold that he cannot.
On September 8, 1977, defendant and co...
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