HINES V. STATE 578 S.E.2d 868 (2003) CASE BRIEF

HINES V. STATE

578 S.E.2d 868 (2003)

NATURE OF THE CASE: A jury convicted Hines (D) of felony murder based on the underlying crime of possession of a firearm by a convicted felon, but acquitted him of felony murder based on the underlying felony of misuse of a firearm while hunting. D moved for a new trial. The County Superior Court denied the motion. D appealed.

FACTS: D and some of his friends and relatives went turkey hunting. They split into two groups, with D and his friend Randy Stoker hunting together in one area, and the victim, the victim's wife, and D's son hunting in a different area, approximately one-fourth mile away. As the sky was growing dark, D heard a turkey gobble, 'saw it fan out and shot.' D's shot went through heavy foliage and hit the victim approximately eighty feet away. Immediately thereafter, the victim's wife screamed, 'You shot Wood.' D and his son went for help, but the victim died before help could arrive. D tried to convince his son and Stoker to take responsibility for the shooting. They both refused. The entire group, however, agreed to say that they did not know who had shot Wood. D removed his camouflage clothing and hid his shotgun and hunting gear before the police arrived. Two days later, D admitted he had shot Wood and showed the police where he had hidden his shotgun. D's son showed the police where he had hidden D's hunting clothing and gear, which included unopened cans of beer. An open beer can and foam insulation wrap that belonged to D were found near where D had fired the fatal shot. The jury acquitted D of felony murder based on misuse of a firearm while hunting and convicted him of felony murder based on possession of a firearm by a convicted felon. D appealed for inconsistent verdicts and that a felon's possession of a gun was not an inherently dangerous felony for felony murder.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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