preprinted jury form stating “guilty” and “not guilty” for indicted offenses but lacking blanks for “not guilty” next to lesser included crimes held not likely to mislead jury
How later courts described this case
- preprinted jury form stating “guilty” and “not guilty” for indicted offenses but lacking blanks for “not guilty” next to lesser included crimes held not likely to mislead jury
Written by the judges who cited it.
The opinion
SEARS, Chief Justice,
concurring specially.
Brown contends that the trial court’s verdict form and instructions confused the jury regarding the potential verdicts on felony murder and voluntary manslaughter. The verdict form and instructions, however, were proper and clear on the jury’s consideration of malice murder, and the jury returned a guilty verdict on that crime. In previous cases, we have concluded that challenges to the indictment and jury instructions on felony murder and other crimes are rendered moot when a jury finds the defendant guilty of malice murder. 6 1 find those cases persuasive authority in the present case, as I fail to see how, even assuming the verdict form was confusing as to felony murder and voluntary manslaughter, it could have confused the jury on its deliberations and verdict concerning malice murder. Accordingly, I specially concur in the judgment of the majority opinion.
I am authorized to state that Justice Carley joins in this special concurrence.
Parker v. State, 282 Ga. 897, 899 ( 655 SE2d 582 ) (2008) (charge on felony murder); Roberts v. State, 276 Ga. 258,260-261 ( 577 SE2d 580 ) (2003) (indictment and charges on felony murder).