This section contains the nature of the case and procedural background.

On January 12, 1969, two men attempted to rob a liquor store. Daniels (D2) entered the store first and asked a Mr. West for a package of cigarettes. Smith then entered the store and approached the counter and Mrs. West, who was on a ladder, heard someone say something about money. While Mr. West was putting money in their bag, D2repeatedly referred to the fact that both he and Smith were armed and that Mr. West would be executed if he did not comply with their instructions. According to Mrs. West, D2 'chattered insanely.' Throughout this period, Smith's gun was pointed at Mr. West. Mrs. West testified that Smith looked 'intent' and 'apprehensive' as if 'waiting for something big to happen.' She indicated that Smith's apparent apprehension and nervousness was manifested by the way he was staring at Mr. West. Mrs. West then drew a pistol from under her clothing and fired at Smith and a shoot-out occurred with Mr. West grabbing a gun too. Smith died as a result of his wounds and D2 was injured. Evidence showed that Taylor (D) was waiting outside in the getaway car. D was charged with felony murder and moved to set aside the information.

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