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Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2010 » S10A0070. THE STATE v. JACKSON et al. 7-26-10  Substitute opinion
S10A0070. THE STATE v. JACKSON et al. 7-26-10  Substitute opinion
State: Georgia
Court: Supreme Court
Docket No: S10A0070
Case Date: 06/28/2010
Preview:Final Copy 287 Ga. 646 S10A0070. THE STATE v. JACKSON et al.

Nahmias, Justice. Appellees, defendants Carlester Jackson and Warren Woodley Smith, allegedly conspired with Jerold Daniels to rob a drug dealer at gunpoint. The victim, however, also turned out to be armed, and he shot and killed Daniels in self-defense. A Cobb County grand jury indicted Jackson and Smith on three counts of felony murder along with other offenses. The defendants moved to dismiss the felony murder counts pursuant to State v. Crane, 247 Ga. 779 (279 SE2d 695) (1981). The trial court granted the motion to dismiss, and the State now appeals, asking us to overrule Crane. After thorough review, we conclude that Crane should be overruled, and we therefore reverse. The causation issue presented should be decided by a properly instructed jury at trial, using the customary proximate cause standard. This should be an easy case for a Georgia appellate court. The question presented is what the term "causes" means as used in the felony murder

statute. See OCGA
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