Webber v. State
Webber v. State
Opinion of the Court
The appellant, James Marcus Webber, was found guilty of the felony murder of Aaron Connell, Jr. We affirm.
The appellant was employed at the Candlelight Club in Lyons,
2. The appellant asserts that the trial court erred in failing to charge the jury that a felony murder conviction could not be based on the felony of voluntary manslaughter.
The indictment alleged the underlying felony for felony murder purposes to be the offense of aggravated assault. The jury was correctly charged on both felony murder and voluntary manslaughter. Viewing the charge to the jury and the recharge to the jury as a whole it is clear that the jury could not have been led to believe that they could utilize voluntary manslaughter for the underlying felony for the felony murder conviction. See Malone v. State, 238 Ga. 251, 252.(232 SE2d 907) (1977).
3. The appellant maintains that the trial court erred in failing to give the jury a charge on mutual combat.
Under the facts of this case we find that a charge on mutual combat was not warranted. See Andrews v. State, 254 Ga. 498, 500 (330 SE2d 873) (1985).
Judgment affirmed.
The offense occurred on February 16, 1985. The appellant was indicted on July 23, 1985, and found guilty by a Toombs County jury on August 28, 1986 and sentenced to life imprisonment. His motion for new trial was filed on September 12, 1986, and overruled on January 22, 1987. A notice of appeal was filed February 18, 1987. The record was certified February 25, 1987 and the case submitted for decision on April 23, 1987.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.