# Parker v. State

> Supreme Court of Georgia · November 23, 1998 · 270 Ga. 256

URL: https://www.frixlaw.com/law-library/cases/9605365

## Case

- **Full name:** Parker v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** November 23, 1998
- **Citations:** 270 Ga. 256; 98 Fulton County D. Rep. 3970; 507 S.E.2d 744; 1998 Ga. LEXIS 1158
- **Precedential status:** Published
- **Opinion:** Concurrence by Hines
- **Judges:** Benham, Hines, Fletcher, Sears, Hunstein
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Linson v. State, 287 Ga. 881 (2010).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9605365

## How later opinions describe it (automated extraction)

- holding that to prove the use of a deadly or offensive weapon that put 6 Case: 15-40208 Document: 00513475803 Page: 7 Date Filed: 04/21/2016 No. 15-40208 the victim in a reasonable apprehension of immediately receiving a violent injury, the State must prove the intent to commi…
- holding that to prove the use of a deadly or offensive weapon that put the victim in a reasonable apprehension of immediately receiving a violent injury, the State must prove the intent .to commit the act of using a deadly or offensive weapon, not an intent to make the victim …

## Opinion text

Hines, Justice,
concurring.
I write separately because I disagree with the statements in Division 1 that the trial court erred in ruling that the conviction for cruelty to children merged into the conviction for malice murder for the purpose of sentencing. McCartney v. State, 262 Ga. 156, 160 (5) ( 414 SE2d 227 ) (1992), cited in the opinion, involved evidence of childhood maltreatment syndrome or abused child syndrome, and does not stand for the proposition that the offense of cruelty to children can never be included as a matter of fact in the crime of malice murder. Here, in accord with Malcolm v. State, 263 Ga. 369, 372 (5) ( 434 SE2d 479 ) (1993), the trial court made the finding that the underlying felony did merge as a matter of fact into the malice murder count, and the correctness of that factual determination is not at issue in the appeal.
I am authorized to state that Presiding Justice Fletcher joins in this concurrence.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9605365. Public record. Not legal advice.