Malone v. State

Hall, Justice.

We granted certiorari in this case to consider whether Baker v. State, 236 Ga. 754 (225 SE2d 269) (1976), this court’s recent opinion construing Georgia’s homicide statutes with respect to felony murder issues, precludes a charge on voluntary manslaughter in a felony murder trial. It does not.

Malone, who has not yet been tried, was indicted for malice murder and felony murder in the commission of an aggravated assault. The Court of Appeals shortly after our Baker decision reversed the lower court, which had sustained Malone’s demurrer to the indictment on the ground that a death…