Ingram v. State
Annotate this CaseDefendant was indicted for felony murder, aggravated assault, and possession of a knife during the commission of a felony. Defendant was convicted and sentenced to life imprisonment for the murder count and five years to be served consecutively for the weapons offense. The aggravated assault count merged into the felony murder conviction. Defendant subsequently appealed the denial of a motion for a new trial. The court rejected defendant's contention that the trial court erred when, after the jury delivered the first verdict finding him guilty of both voluntary manslaughter and felony murder, it instructed the jury to go back and redeliberate without publishing the verdict because defendant failed to show that he sustained any legal prejudice. With respect to whether the trial court should have explained to jurors that they could not find defendant guilty of both felony murder and voluntary manslaughter, defendant opposed the giving of this exact instruction to the jury before the first verdict was rendered and defendant's contention that the jury instructions insufficiently instructed the jury with regard to voluntary manslaughter must also fail because the trial court gave the exact jury charge requested by defendant. In regards to the trial court's colloquy with the jury foreperson after the first verdict was rendered, the court held that such comments were limited to a clarification of procedures and did not constitute a basis for removal. The court rejected defendant's remaining claims and affirmed the judgment.
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