Weick v. State
In Weick v. State, 420 A.2d 159, 161-63 (Del. 1980), the Supreme Court of Delaware held that the defendants should not have been convicted for the death of their co-conspirator committed by the victim of the felony. 420 A.2d at 163.
In coming to its decision, the court noted that "the killing of a co-felon by the victim or a police officer, or the accidental killing of an innocent bystander by the victim or a police officer, can hardly be considered to be 'in furtherance' of the commission or attempted commission of a felony." Id. at 162-63.