Legal Opinion
McCrary v. State
Supreme Court of Georgia
Decided April 16, 1985No. 42044PublishedCited by 13 opinions
1Opinion of the Court
Weltner, Justice.
Michael Wayne McCrary was indicted for malice murder. A jury acquitted him of that charge, but found him guilty of felony murder, the underlying felony being robbery. His conviction was overturned because the underlying robbery charge supporting felony murder was not included in the indictment. McCrary v. State, 252 Ga. 521 (314 SE2d 662) (1984). The state subsequently reindicted him for felony murder, under an indictment which set forth properly the underlying felonies. The trial court denied his plea of double jeopardy.
1. Relying on our double jeopardy statutes (OCGA §§…
2Cases cited5 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. EwellSupreme Court of the United States · 1966
- McCrary v. StateSupreme Court of Georgia · 1984
- McCannon v. StateSupreme Court of Georgia · 1984
3Cited by13 opinions
- Dryden v. StateCourt of Appeals of Georgia · 2012
- Floyd v. StateSupreme Court of Georgia · 2024
- Gerald v. StateCourt of Appeals of Georgia · 1988
- Cotten v. StateCourt of Appeals of Georgia · 2001
- Rowe v. StateCourt of Appeals of Georgia · 1987
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