Summary
holding that a defendant cannot be convicted of both malice murder and felony murder
Summary of this case from Ex Parte RiceOpinion
30166.
ARGUED SEPTEMBER 4, 1975.
DECIDED SEPTEMBER 23, 1975. REHEARING DENIED OCTOBER 16, 1975.
Murder, etc. Cobb Superior Court. Before Judge Hames.
Spence Knighton, Virgil C. Spence, for appellant.
George W. Darden, District Attorney, B. Wayne Phillips, Assistant District Attorney, Arthur K. Bolton, Attorney General, for appellee.
Appellant was convicted of malice murder, felony murder and armed robbery. He was sentenced to three consecutive life sentences. This appeal followed. Held:
1. The evidence was sufficient to corroborate the testimony of the alleged accomplice. It can not be said that the verdict was contrary to the evidence. Brown v. State, 232 Ga. 838 ( 209 S.E.2d 180).
2. There was only one victim. The felony murder is included in the malice murder. Burke v. State, 234 Ga. 512 ( 216 S.E.2d 812). The trial court is directed to vacate the sentence for felony murder.
Judgment affirmed with direction. All the Justices concur.