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State v. Jones

Defendant's felony murder prosecution was not barred by the running of the statute of limitation on the underlying felony.

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The grand jury returned an indictment charging Anita Newberry Jones and two co-defendants with one count of malice murder, two counts of felony murder, and one count each of conspiracy to commit robbery, aggravated battery, and concealing the death of another. The felony murder counts incorporate the conspiracy and aggravated battery counts, respectively, as the underlying felonies. The alleged crimes occurred 14 years prior to the return of the indictment. Ms. Jones filed a demurrer and plea in bar based upon the expiration of the statute of limitations and the State’s failure to allege any statutory exception in the indictment. The trial court sustained the demurrer and plea in bar as to every count except malice murder, with the following analysis:

The statute of limitations for prosecution for the felonies of Conspiracy to Commit Robbery, Aggravated Battery and Concealing the Death of Another has expired and the indictment does not allege any reason for the delay. . . . A felony murder conviction is dependent upon the successful prosecution of a felony. Because the State cannot prosecute the felony it cannot prosecute the felony murder.

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