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STATE v. CRANE

37463, 37464, 37465, 37466.

247 Ga. 779 (1981)

279 S.E.2d 695

THE STATE v. CRANE et al. THE STATE v. CRANE. THE STATE v. NUNLEY (two cases).

Supreme Court of Georgia.

Decided July 7, 1981.

Attorney(s) appearing for the Case

David L. Lomenick, Jr., District Attorney, James A. Meaney III, Assistant District Attorney, for appellant.

Bobby Lee Cook, A. Kristina Cook Connelly, Roger R. Auman, Jr., Hubert E. Hamilton III, for appellees.

UNDERCOFLER, Justice.

The dismissal of three felony-murder indictments1 was appealed by the State.2 The deceased was the fourth would-be burglar. He was shot and killed in defense of person and property by the homeowner who was the intended burglary victim.

All concede that the issue of whether or not our felony-murder statute penalizes the killing of one of the parties to the underlying felony by the...

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