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Each state, territory and the District of Columbia have separate criminal codes, so naturally, this answer depends on the specific language of the statutes for the jurisdiction in question. This question really needs clarification to answer appropriately. Specifically, which jurisdiction are we talking about? Who is doing the killing...a member of the party breaking and entering, a person defending his/her home or business, a police officer, vigilante, etc? Was the death accidental or intentional? Foreseeable? Ultimately this question will have to be answered depending on the underlying intent of those breaking and entering and the circumstances leading to the death.

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Q: If one of a group of five commiting breaking and entering is the one killed can they charge the others with felony murder?
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