Baker v. State

Hall, Justice.

The main question raised by Baker in this appeal from his murder conviction is the scope of the word "felony” in Georgia’s felony murder statute. Code Ann. § 26-1101 (b).

Baker was indicted in two counts, for malice murder and felony murder in the shooting death of Roger Clark. The state’s trial evidence tended to show that Baker shot Clark through the heart a few moments after firing an earlier shot over the heads of Clark and another man. The state’s evidence indicated that the shooting was entirely unprovoked, although Clark was severely intoxicated and had wakened Baker in…