In Bissot v. State, 53 Ind. 408, 413-19 (1876), the Supreme Court of Indiana engaged in a detailed discussion of the problem with this argument. In that case, the defendant broke into a drug store intending to rob it, and when he was confronted by the owner with a gun, the defendant shot and killed the owner. Id. at 410-11. The court rejected the argument that the homicide was not committed "in the perpetration' of the burglary" because it did not occur "as soon as the burglarious entry was made." Id. at 412. The court noted: "If this construction were to be given to the statute, it would be quite impracticable to ever convict for a murder committed in the perpetration of any of the felonies" set forth by statute. Id. The court explained: If the charge was murder committed "in the perpetration" of a robbery, as soon as the accused had forcibly and feloniously, or by violence or putting in fear, taken from the person of another any article of value, the robbery would be consummated; yet, if immediately afterwards, in the struggle to release him self and escape, he had killed his victim, the degree of the homicide, unconnected with the robbery, would be no higher than manslaughter. Id. A similar problem would arise, the court stated, if the charge was murder committed in the perpetration of arson. Id. at 413. As the court explained, accepting appellant's view would mean that, "as soon as the criminal had wilfully and maliciously set fire to a dwelling-house, the arson would be accomplished, and he could flee; yet it might be that some human being was in the building at the time, and hours afterwards was consumed in the flames." Id. The Court held that, "where the homicide is committed within the res gestae of the felony charged, it is committed in the perpetration of" the felony. Id.