Pressley v. State, 30166

Citation219 S.E.2d 418,235 Ga. 341
Decision Date23 September 1975
Docket NumberNo. 30166,30166
PartiesFrank Lee PRESSLEY v. The STATE.
CourtSupreme Court of Georgia

Spence & Knighton, Virgil C. Spence, Marietta, for appellant.

George W. Darden, Dist. Atty., B. Wayne Phillips, Asst. Dist. Atty., Arthur K. Bolton, Atty. Gen., Marietta, for appellee.

UNDERCOFLER, Presiding Justice.

Appellant was convicted of malice murder, felony murder and armed robbery. He was sentenced to three consecutive life sentences. This appeal followed. Held:

1. The evidence was sufficient to corroborate the testimony of the alleged accomplice. It can not be said that the verdict was contrary to the evidence. Brown v. State, 232 Ga. 838, 209 S.E.2d 180.

2. There was only one victim. The felony murder is included in the malice murder. Burke v. State, 234 Ga. 512, 216 S.E.2d 812. The trial court is directed to vacate the sentence for felony murder.

Judgment affirmed with direction.

All the Justices concur.

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10 cases
  • Ervin v. State
    • United States
    • Texas Court of Criminal Appeals
    • January 13, 1999
    ...other grounds, 505 U.S. 1244, 113 S.Ct. 22, 120 L.Ed.2d 948 (1992) (premeditated murder and felony murder); Georgia, Pressley v. State, 235 Ga. 341, 219 S.E.2d 418 (1975)(malice murder and felony murder) and Hayes v. State, 265 Ga. 1, 453 S.E.2d 11, 13 (1995)(same); Indiana, Martinez Chavez......
  • Ex parte Rice
    • United States
    • Alabama Supreme Court
    • November 5, 1999
    ...120 L.Ed.2d 948 (1992) (holding that a defendant cannot be convicted of both premeditated murder and felony murder); Pressley v. State, 235 Ga. 341, 219 S.E.2d 418 (1975) (holding that a defendant cannot be convicted of both malice murder and felony murder); Chavez v. State, 534 N.E.2d 731,......
  • People v. Lowe
    • United States
    • Colorado Supreme Court
    • February 28, 1983
    ...Carr v. State, 338 So.2d 267 (Fla.Dist.Ct.App.1976); Phillips v. State, 289 So.2d 769 (Fla.Dist.Ct.App.1974).Georgia: Pressley v. State, 235 Ga. 341, 219 S.E.2d 418 (1975); and Burke v. State, 234 Ga. 512, 216 S.E.2d 812 (1975) (Felony murder is included in malice murder.).Indiana: Thompkin......
  • Banks v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 18, 2005
    ...120 L.Ed.2d 948 (1992) (holding that a defendant cannot be convicted of both premeditated murder and felony murder); Pressley v. State, 235 Ga. 341, 219 S.E.2d 418 (1975) (holding that a defendant cannot be convicted of both malice murder and felony murder); Chavez v. State, 534 N.E.2d 731,......
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