Phillips v. State

Hunstein, Justice.

This case is before us on Obie Phillips’ appeal from the denial of his plea in bar of double jeopardy. See generally Patterson v. State, 248 Ga. 875 (287 SE.2d 7) (1982). Phillips was indicted on charges arising out of the robbery and shooting death of Malone Pace. At issue are two counts in the indictment. Count 2 of the indictment charged Phillips with felony murder, alleging that he did “unlawfully during the commission of the following felony, to wit: Aggravated Assault, cause the death of Malone Pace, a human being, by shooting him with a handgun.” Count 4 of the…