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Hines v. State

Georgia Supreme Court
578 S.E.2d 868 (2003)

Facts

Robert Lee Hines (defendant) and some friends and relatives went turkey hunting after drinking some alcohol. The hunters split into two groups, yet hunted in the same general vicinity. At dusk, Hines heard a turkey gobble and “fan out” its tail. Hines quickly turned, fired his shotgun into thick foliage and struck his friend, Steven Wood, approximately 80 feet away, killing him. Hines was convicted of felony murder based on the underlying crime that he had a prior felony conviction and was illegally in possession of a firearm. Hines appealed, arguing that a convicted felon’s possession of a firearm could not be one of the inherently dangerous felonies used to support a conviction of felony murder.

Rule of Law

Issue

Holding and Reasoning (Fletcher, C.J.)

Dissent (Sears, J.)

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