Rowe v. State

I must respectfully dissent to the position articulated in the majority opinion, for the following reasons. Under Georgia law, conspiracy to commit a substantive offense merges with, or becomes a lesser included crime of, the substantive offense charged if and only if it is found that the substantive crime has been completed; in that fact situation the doctrine of merger prescribes that the accused be convicted of the greater — i.e., the substantive — offense only. OCGA § 16-4-8; Kilgore v. State, 251 Ga. 291 (305 SE2d 82) (1983); Roberts v. State, 242 Ga. 634 (250 SE2d 482) (1978); Scott v.…