Whether the second-degree felony murder rule is based on statute

QUESTION PRESENTED FOR REVIEW 1. THE DISTRICT COURT FOUND THE ISSUE " A HABEAS CORPUS IS AN APPROPRIATE VEHICAL FORSECOND OR SUCCESSIVE PETITION. THE DISTRICT COURT FOUND THIS ISSUE TO BE MOOT. THUS, IN THE ANSWER THE STATE WAVIED ANY PROCEDUAL DEFAULT DEFENSE BY FAILING TO PRESENT ONE IN THEIR ANSWER. THE DISTRICT COURT DECLINE TO EXERCISE IT'S DISCRETION TO RAISE PROCEDUAL DEFAULT SUA SPONTE. THEREFORE, PETITIONER WILL NOT PURSUE THE ISSUE IN THIS WRIT BEFORE THE COURT. 2. WHETHER THE SECONDDEGREE FELONY MURDER RULE, ALTHOUGH DERIVED FROM THE COMMON LAW, IS BASED ON STATUE; " IT's SIMPLY ANOTHER INTERPRETATION OF SECTION 188'S ABANDONED AND MALIGNANT HEART LANguage. i