In Baker v. State, the Georgia Supreme Court held that "the Georgia legislature intended felony murder to encompass all felonies as 'felony' is defined in Code §26-401(e)." The court refused to adopt the "merger" doctrine that has been applied by some states to the felony-murder rule., The defendant was convicted of felony murder' for the shooting death of Roger Clark and sentenced to life imprisonment. Clark and one other person entered the defendant's bedroom before 5:30 one morning to collect a debt allegedly owed to Clark by the defendant. The defendant fired one shot over the heads of the intruders and then fired the fatal shot that struck Clark in the heart. The defendant testified at trial that he simply fired the shot to frighten away an unknown intruder and meant no harm to anyone The underlying felony supporting the defendant's felony murder conviction was the aggravated assault' committed on Clark. On appeal to the Georgia Supreme Court, the defendant contended that this was an improper application of the felony-murder rule, but his contention was rejected and his conviction was affirmed.
Adams, William P.
"Assault Leading to Homicide May Be Used To Invoke Felony-Murder Rule,"
Mercer Law Review: Vol. 28:
1, Article 23.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol28/iss1/23