WPIC 26.03 Murder—First Degree—Felony—Definition
11 WAPRAC WPIC 26.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 26.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part V. Crimes Against Life
WPIC CHAPTER 26. Murder, First Degree
WPIC 26.03 Murder—First Degree—Felony—Definition
A person commits the crime of murder in the first degree when he or she [or an accomplice] [commits] [or] [attempts to commit] (fill in felony) and [in the course of or in furtherance of such crime] [or] [in immediate flight from such crime] he or she [or another participant] causes the death of a person other than one of the participants [unless the killing is [excusable] [or] [justifiable]].
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use bracketed material as applicable. See the Comment to WPIC 26.04 (Murder—First Degree—Felony—Elements) for a discussion regarding the use of the bracketed phrase “or an accomplice.” If this phrase is included, use WPIC 10.51 (Accomplice—Definition) with this instruction.
This instruction is applicable only to those felonies listed in the statute. Fill in the name of the applicable felony or felonies: (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, (5) kidnapping in the first or second degree.
With this instruction also give an instruction defining the particular felony. If an attempt to commit the felony is involved, also give WPIC 100.01 (Attempt—Definition). It will not be necessary to use WPIC 2.09 (Felony—Designation of) because the word “felony” is not used in this instruction. If there is an issue of causal connection, use WPIC 25.02 (Homicide—Proximate Cause—Definition).
If there are multiple participants and if the statutory defense is in issue, use WPIC 19.01 (Murder in Commission of Felony—First and Second Degrees—Multiple Participants—Defense) with this instruction.
COMMENT
RCW 9A.32.030(1)(c).
In State v. Collins, 45 Wn.App. 541, 726 P.2d 491 (1986), an instruction substantially in the form of WPIC 26.03 was held to correctly set forth the applicable law as stated in RCW 9A.32.030(1)(c).
See Comment to WPIC 26.04 (Murder—First Degree—Felony—Elements).
[Current as of April 2019.]
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