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Originally Posted by banyon  This is close, but the underlying felony to justify the felony murder charge was actually KSA 21-4219(b) unlawful discharge of a firearm at an occupied dwelling. There is no evidence that he actually entered the building and committed burglary. |
One would think that "unlawful discharge of a firearm" occurs in every shooting-homocide, since the gun is unlawfully fired a fraction of a second before the bullet actually contacts the victim.