# Brown v. State

> Supreme Court of Georgia · March 17, 2008 · 283 Ga. 327

URL: https://www.frixlaw.com/law-library/cases/9623542

## Case

- **Full name:** Brown v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** March 17, 2008
- **Citations:** 283 Ga. 327; 2008 Fulton County D. Rep. 883; 658 S.E.2d 740; 2008 Ga. LEXIS 261
- **Precedential status:** Published
- **Opinion:** Concurrence by Sears
- **Judges:** Hines, Sears, Carley, Hunstein
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9623542

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9623542. Public record. Not legal advice.