State ex rel. Davis v. Circuit Court (Fox) (Signed Opinion)
Annotate this CaseThrough means of a writ of prohibition, Petitioner, a county prosecuting attorney, sought to prevent the enforcement of the order of the circuit court dismissing one count of felony murder from the indictment returned against James Sands. In dismissing the count, the trial court took the position that a co-perpetrator, Sands, could not be found guilty of felony murder where the intended victim of a burglary was the person who caused the death of a co-perpetrator, Dakota Givens. The Supreme Court found no error in the circuit court's decision to dismiss the felony murder count and therefore denied the writ of prohibition, holding that the circuit court correctly found that the offense of felony murder does not encompass the death of a co-perpetrator caused by the intended victim of a burglary attempt.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.