254 Ga. 435 - Crawford v. State

How this case has been cited

Cited by 36 later decisions — most recently May 2017 · most notably Hicks v. State (1987), Crawford v. Head (2002)

2 federal appellate · 34 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Hill, Chief Justice,

¶1concurring specially.

¶2I concur specially in Division 2 of the majority opinion based upon my understanding that, to be consistent with McCrary v. State, 254 Ga. 382 (2a) (329 SE2d 473) (1985), the state may reindict the defendant only for malice murder, or felony murder with the underlying felony being aggravated assault, or both. Where a person murders another by suffocation, as alleged in the original indictment, he assaults “with intent to murder” within the meaning of OCGA § 16-5-21 (a) (aggravated assault). 1

¶3On the other hand, in my view the defendant may not be re-indicted for felony murder with the underlying felony being child molestation, or kidnapping. McCrary v. State, supra, Division 2b. Based upon this understanding, I concur specially in Division 2 of the majority opinion.

¶4 I conclude that the defendant can be reindicted for malice and felony murder because, in my view, he could have been convicted on the original indictment for felony murder with the underlying felony being aggravated assault.