Brown v. State

McMurray, Presiding Judge.

Defendant was charged via indictment with the offense of murder in that he “unlawfully and with malice aforethought cause [d] the death of Cynthia Ann Webb Brown, by asphyxiation. . . .” With the assistance of counsel and “pursuant to an agreement between the State and the defense, [defendant agreed to] plead guilty to the lesser included offense of voluntary manslaughter.” However, on May 24, 1994, the day of the hearing on this plea agreement, the District Attorney for the Cordele Judicial Circuit preferred an accusation charging defendant with the additional…