When, in the commission of a felony, he causes the death of another human being irrespective of malice. O.C.G.A. 16-5-1(c).
Caselaw Part I
Although felony murder does not require malice or intent to kill, it does, however, require that the defendant possess the requisite criminal intent to commit the underlying felony. Flanders v. State, 279 Ga. 35 (2005).
Felony means any felony that is dangerous per se, or which by the attendant circumstances, creates a foreseeable risk of death. Ford v. State, 262 Ga. 602 (1992). The elements of the felony are not to be considered in the abstract, but instead the circumstances under which the felony was committed. Turner v. State, 281 Ga. 487 (2007).
Legal cause will not be present where there intervenes (1) a coincidence that is not reasonably foreseeable or (2) an abnormal response. Skaggs v. State, 278 Ga. 19 (2004).
Caselaw Part 2
When convicted of felony murder and also separately convicted of the felony that served as the underlying felony for the felony murder conviction, the conviction for the underlying felony merges into the felony murder conviction. Green v. State, 283 Ga. 126 (2008).
Felony murder is inapplicable to homicide of one of the parties to the underlying felony by the intended victim of that felony. However, a defendant may be convicted of felony murder where the victim was acting in concert with a co-defendant in committing a crime when his death occurred. Vasser v. State, 273 Ga. 747 (2001); Scott v. State, 252 Ga. 251 (1984).(dk
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