State v. Holmes

Quillian, Presiding Judge.

The state appeals from the sustaining of the demurrer to an indictment brought against defendant. Code Ann. § 6-1001a (Ga. L. 1973, pp. 297, 298). The indictment in question charged the defendant with the offense of murder (Criminal Code of Georgia § 26-1101 (b); Ga. L. 1968, pp. 1249, 1276), in that on November 21, 1976 the defendant "did, while in the commission of another felony, to wit: conspiracy to distribute marijuana, cause the death of another human being, Robert Gayle Keller, by shooting the said Robert Gayle Keller with a pistol; contrary to the laws of…