Q: "When possession of a firearms is not charged in a indictment for a felony murder case is that a indictment error?
The case is a felony murder that is based on party to the crime not being charged on the indictment with possession of a firearm but the principle defendant was. Can other felonies on the indictment be legit when a essential element is missing from the defendants indictment. The grand jury's felt that one defendant should be charged but the party to the crime defendant shouldn't be. Yet he was still charged with aggravated assault and felony murderand later convicted on those charges and A Not guilty of felony murder with arm robbery as the underlying felony was the verdict
A:
In a criminal case, the specifics of the indictment are critical. In Georgia, for a felony murder charge, the indictment needs to detail the underlying felony that led to the murder. If the underlying felony involves the use of a firearm, this typically needs to be specified in the indictment, especially if the use of the firearm is a crucial element of the felony.
However, the absence of a firearm possession charge in the indictment does not automatically invalidate other felony charges. Each charge in an indictment is evaluated on its own merits. If the grand jury decided not to charge one defendant with possession of a firearm, it could be due to various reasons, including the evidence presented to them or their interpretation of the law.
The fact that one defendant was convicted of aggravated assault and felony murder, but found not guilty of felony murder with armed robbery as the underlying felony, indicates that the jury differentiated between the roles and actions of the defendants. The verdict suggests that they found sufficient evidence for some charges but not for others.
It's important to review the entire case, including how the charges were presented and the evidence supporting each charge. If there are concerns about the validity of the indictment or the fairness of the trial, these should be discussed with a lawyer. An attorney can provide guidance on potential grounds for appeal or other legal remedies. Remember, the legal system provides mechanisms to address potential errors or injustices in the trial process.
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