State v. Robinette

PARKER, Judge.

In apt time defendant moved to dismiss the charges in this case on the ground that he had also been indicted for the first degree murder of Billy Hughes. He contends that since the State’s theory in obtaining the first degree murder indictment was the so-called “felony-murder rule,” i.e., a murder committed in perpetration of another felony, the lesser felonies for which defendant was tried in these cases became merged in the murder charge, and that for that reason it was error for the trial court to refuse to dismiss them so long as the defendant was still under indictment for…