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Ex parte Mitchell

Court of Criminal Appeals of Alabama
936 So. 2d 1094 (2006)


Facts

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

Issue

Holding and Reasoning (Per Curiam)

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