Elvie v. State
Annotate this CaseAppellant was convicted of felony murder during the commission of aggravated assault, as well as a weapons charge. A motion for a new trial was denied and appellant appealed. The court rejected appellant's contention that the trial court violated Edge v. State by failing to make clear in its jury instructions that the jurors were to consider voluntary manslaughter before considering whether appellant was guilty of felony murder. The court also rejected appellant's contention that the trial court erred in failing to admonish the jurors that if they found that the killing occurred as a result of provocation and passion, then they could not find appellant guilty of felony murder. Accordingly, in light of the court's precedents, the court affirmed the judgments.
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