Lumpkins v. State

Carley, Justice.

Based upon appellant’s alleged commission of a single homicide, an indictment was returned which charged him with one count of malice murder, one count of felony murder while in the commission of an aggravated assault and one count of felony murder while in the commission of an armed robbery. Accordingly, the indictment took the form of three alternative counts of “murder,” each of which alleged that appellant had committed the same homicide in one of three separate ways. See generally Hogan v. State, 178 Ga. App. 534 (343 SE2d 770) (1986) (alternative counts stating the…