HOERNER v. STATE

36305.

246 Ga. 374 (1980)

271 S.E.2d 458

HOERNER v. THE STATE.

Supreme Court of Georgia.

Decided September 5, 1980.

Rehearing Denied September 23, 1980.


Attorney(s) appearing for the Case

Robert E. Andrews, for appellant.

Jeff C. Wayne, District Attorney, Arthur K. Bolton, Attorney General, Susan V. Boleyn, Assistant Attorney General, for appellee.


JORDAN, Presiding Justice.

Christopher Hoerner was convicted in the Dawson Superior Court of armed robbery and malice murder, and given consecutive life sentences. He appeals. We affirm.

1. Hoerner notes that armed robbery is a lesser included offense of malice murder when a rational trier of fact could find, beyond a reasonable doubt, only that the defendant was a party to the armed robbery and that his co-defendant's murder of the victim was a probable consequence...

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