Malice murder

Not to be confused with Felony murder.

Malice murder is a criminal offence in the US state of Georgia, committed when a homicide is done with express or implied malice.

Definition

Express malice is "that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof." Malice is implied when "no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart."[1]

Examples

Kelly Gissendaner was found guilty of malice murder in 1998 and executed in 2015,[2] and members of the FEAR terrorist group were charged with it in 2012.[3] One of the murderers of Richard T. Davis was convicted of malice murder in 2004,[4] as was Melissa Leslie Burgeson, an associate of Timothy Carr.[5] Stephen Anthony Mobley was guilty of both malice murder and felony murder.[6]

References

  1. ↑ 2014 Georgia Code, § 16-5-1 - Murder; malice murder; felony murder; murder in the second degree, from Law.Justia.com
  2. ↑ Shapiro, Emily (September 30, 2015). "Kelly Gissendaner Executed in Georgia After Courts Deny Stay Requests". Abcnews.go.com. Retrieved September 30, 2015.
  3. ↑ Bluestein, Greg (2011-12-13). "4 soldiers charged in Ga. killings | The Augusta Chronicle". Chronicle.augusta.com. Retrieved 2015-09-30.
  4. ↑ (PDF) https://web.archive.org/web/20090509041221/http://www.gasupreme.us/pdf/s07a1456.pdf. Archived from the original (PDF) on May 9, 2009. Retrieved September 30, 2015. Missing or empty |title= (help)
  5. ↑ "364 F3d 1246 Carr v. Schofield". OpenJurist. 2004-03-31. Retrieved 2015-09-30.
  6. ↑ "Attorney General Baker Announces Execution Date for Stephen Anthony Mobley | AGO". Law.ga.gov. 2005-02-11. Retrieved 2015-09-30.
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