Court of Criminal Appeals of Alabama
936 So. 2d 1094 (2006)
Oronde Mitchell (defendant) and Cedric Tolbert attempted to sell marijuana to Jaquin Jones. Mitchell and Tolbert were in a vehicle. Jones attempted to rob Mitchell and Tolbert at gunpoint. The incident resulted in Tolbert’s death. Mitchell was indicted for felony murder, with unlawful distribution of a controlled substance identified as the underlying offense supporting the felony-murder liability. Mitchell moved to dismiss the felony-murder charge on the ground that the underlying felony was not clearly dangerous to human life, as required by Alabama law. The motion was denied by the circuit court, and Mitchell filed a petition for a writ of prohibition/mandamus to order the circuit court to dismiss the charge.
Rule of Law
Holding and Reasoning (Per Curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.