Heard v. State

I concur in the judgment affirming the trial court, and dissent as to Division 3 of the opinion.

*2641. Heard insists that it was error to instruct the jury as follows: “Self-defense is not a defense to felony murder.” The record reflects that the trial court instructed the jury more than once on the defense of justification. The language objected to appears in the charge closely following the court’s instruction concerning the offense of possession of a firearm by a convicted felon.

2. (a) The language of the charge is identical to our holding in Ely v. State, 244 Ga. 432, 433 (260 SE2d 345)…