concluding that failure to instruct on lesser-included offenses of felony murder was harmless, in part, because the defendant “did not concede that he was involved in the crime, and he did not argue that he was guilty of a lesser-included offense or attempt to establish that he was guilty of a lesser-included offense.”
How later courts described this case
- concluding that failure to instruct on lesser-included offenses of felony murder was harmless, in part, because the defendant “did not concede that he was involved in the crime, and he did not argue that he was guilty of a lesser-included offense or attempt to establish that he was guilty of a lesser-included offense.”
- holding that the evidence was sufficient to establish causation where both medical examiners testified to the injuries sustained by the victim from an April 21, 1997 gunshot wound to the head and the impact of these injuries during the intervening period until the victim died of sepsis on October 2, 1999
- concluding that the witness’s “actions in allowing the defendant into her home after the commission of the crimes, going shopping with the stolen money and receiving part of the proceeds for herself, do not make her a principal to the offense of murder or robbery of the victim”
- finding evidence of causation sufficient where both medical examiners testified to the injuries sustained by the victim from an April 21, 1997 gunshot wound to the head and the impact of the gunshot upon the victim during the intervening period until the victim’s death on October 2, 1999, from sepsis due to the rupture of his bladder
Written by the judges who cited it.
The opinion
Joe G. Riley, J.,
concurring in part and dissenting in part.
I agree with the majority opinion in all respects with one exception. The majority opinion concludes the failure of the trial court to charge the lesser-included offense of facilitation of felony murder as to Defendant Bond was not harmless error. I respectfully disagree with this conclusion.
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