Alford v. State

OPINION

In this appeal we hold that a first-degree murder conviction based on felony-murder cannot be sustained unless the indictment or information puts the defendant on notice of this charge and states facts which support the conclusion that the murder was committed during the commission of an identified felony.

Appellant Alford stands convicted of first-degree murder with the use of a deadly weapon. The State charged Alford under an “open” charge of murder, which is to say that the State charged only that Alford killed with “malice aforethought.” There was no specific charge of first-degree…