Someone needs to send that article into the NRA so it can be published in their magazine (American Rifleman)
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Another one you won't hear about in main stream media....
- Thread starter Flip853
- Start date
So why did the surviving robber get charged with felony murder? I only se a self defense and an attempted armed robbery. I'm I missing something on ga law? Either way seems both get theirs in the end.
State v. Jackson and Smith overturned State v. Crane and allows proximate cause to be the standard needed to try an accomplice in a felony with felony murder. If, during the commission of a felony, a death occurs which could have been foreseen, then all parties committing the felony can be charged with felony murder by proximate cause under 16-5-1.
This is because the "he causes" requires only proximate cause instead of direct causation. Should the criminals have not committed the felony, the death would not have occurred. As such, Georgia (along with most other states) finds their commission of the felony sufficient proximate cause to meet the requirements of proximate cause of felony murder.
IANAL, this is simply my understanding.
Yep. If you're dumb enough to commit the crime and anyone is killed regardless of who was the triggerman, you too will be charged with felony murder. Good for the intended victim on protecting his "own" ass. Sad, media on a roll with being anti-gun. This will never make it to main stream media. We should start burning this one through the forum like LaBeefa and see how far it goes!
NRA's pub 'America's 1st Freedom' also includes stories about good guys with guns stopping bad guys with guns. LaPierre was right.
One of the benefits I enjoy of hangin' out here on the ODT is the education I am getting. Thanks ODT'rs!!!
One of the benefits I enjoy of hangin' out here on the ODT is the education I am getting. Thanks ODT'rs!!!
