Robert Maudlin (D), was charged with maliciously and willfully killing Gary McCallon. Steve Cottrell and Gary McCallon purchased a quantity of heroin from D. Steve, and Gary then went to Steve's apartment where Gary prepared and injected himself with a shot of the heroin. He subsequently died from an overdose. D was indicted for first-degree felony murder. D moved to dismiss the charged in that the victim did not die while D was alleged to have been perpetrating or attempting to perpetrate a felony. The trial court and the appellate court agreed with D. P appealed.

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