TONGUE, Justice.
Defendant was indicted for felony murder (ORS 163.115(1)(b)) for shooting the father of his estranged wife during the commission of the crime of burglary. He was also indicted for burglary in the first degree for unlawfully entering the home of his father-in-law with the intent to commit the crime of assault (ORS 164.225), as well as for intentional murder for the same killing (ORS 163.115).
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