State v. Wright
In State v. Wright, 154 Vt. 512, 581 A.2d 720 (1989), the victim was murdered while working at a convenience store from which over $ 2000 was missing.
The defendant was charged with first degree felony murder. Although the defendant received a jury instruction on the lesser-included offense of second degree murder, he ascribed error to that instruction on appeal.
The Court held that any error in the instruction was harmless because defendant was not entitled to a lesser-included offense instruction. 154 Vt. at 517, 581 A.2d at 724.