Case BriefCrim law, homicide, felony murder Hughes, 2/21/15Identity of CaseHines v. State, 578 S.E.2d 868 (Ga. 2003)Page 404 of the casebookSummary of Facts/Procedural HistoryHines was a convicted felon, which makes it a felony for him to own a gun. Hines owned a gun. He was hunting with some family members with said gun when he “mistook his friend Steven Wood for a turkey and shot him dead.” Hines was convicted of murder 1st under the felony murder rule. Appeals based on the fact that the felony he committed wasn’t inherently dangerous…Statement of the IssueMust a felony be inherently dangerous for it to be included in the felony murder rule (in Georgia)? HoldingA felony is dangerous based on the way you violate it. ReasoningHines’ violation (hunting) was clearly dangerous. Contrasts with another felon who owned a firearm that was cleaning and loading it when they accidentally discharged and shot someone in the apartment below them. Not an inherently dangerous activity. This doesn’t make much sense as a point of distinction, but then again, it’s Georgia.
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