State v. Crane

Undercofler, Justice.

The dismissal of three felony-murder indictments 1 was appealed by the State. 2 The deceased was the fourth would-be burglar. He was shot and killed in defense of person and property by the homeowner who was the intended burglary victim.

All concede that the issue of whether or not our felony-murder statute penalizes the killing of one of the parties to the underlying felony by the intended victim of the underlying felony is one of first impression in Georgia. Other jurisdictions apparently are split on this issue, the numerical majority favoring a negative answer. 3

The…