Taylor

In this case we consider several issues with respect to the second degree felony-murder rule (where furnishing of heroin is the underlying felony), the applicability of the accomplice rule, an alleged Miranda violation and asserted error in the exclusion of evidence on suicide. We conclude that reversible error took place by the exclusion of the evidence of declarations on suicide. The other contentions by appellant are without merit.

Statement of the Case and Facts

Appellant (Taylor) was charged with murder of Martin Hendrix, furnishing and giving away heroin on January 27, 1978, murder of Andrew J. Clarke (Clarke) and furnishing and giving away heroin on January 30, 1978. He was found guilty of second degree felony murder of Clarke and of furnishing and giving away heroin on January 30, 1978, but not guilty of the remaining charges.

On January 29, 1978, Mark Cantwell (Cantwell), his wife (Tammy), and Clarke, were drinking beer at Cantwell’s apartment. Throughout the day Cantwell and Clarke had imbibed enough beer to have “a good buzz going.”

During the afternoon Robert Peek (Peek), and in the evening Taylor and Doug Corning (Corning), dropped by the Cantwell…