Durden v. State, 297 S.E.2d 237 (Ga. 1982). · Go Syfert
Durden v. State, 297 S.E.2d 237 (Ga. 1982). Cases Citing This Book View Copy Cite
“the medical examiner testified that the cause of death was cardiac arrest caused by the victim's small coronary arteries and the stress of events before the victim's death.”
295 citation events (70 in the last 25 years) across 7 distinct courts.
Strongest positive: State of Louisiana v. Willie James Robertson (la, 2015-06-30)
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examined Cited as authority (verbatim quote) State of Louisiana v. Willie James Robertson (4×) also: Cited as authority (quoted)
La. · 2015 · quote attribution · 4 verbatim quotes · confidence high
the medical examiner testified that the cause of death was cardiac arrest caused by the victim's small coronary arteries and the stress of events before the victim's death.
examined Cited as authority (rule) Melancon v. State (5×)
Ga. · 2024 · confidence medium
From Durden v. State, 250 Ga. 325, 329 (5) ( 297 SE2d 237 ) (1982), and Jones v. State, 220 Ga. 899 , 902 (3) ( 142 SE2d 801 ) (1965), we cobbled together a causation standard that we described as applicable “[i]n the context of this case”: In the context of this case, proximate causation would ex- ist if (to use “the rule” for felony murder that the Court stated a year after deciding Crane) the felony the defend- ants committed “directly and materially contributed to the happening of a subsequent accruing immediate cause 14 of the death,” Durden, 250 Ga. at 329 , or if (to use lan…
cited Cited as authority (rule) Campbell-Williams v. State
Ga. · 2020 · confidence medium
Durden v. State, 250 Ga. 325, 329 (5) ( 297 SE2d 237 ) (1982).
discussed Cited as authority (rule) Cordero v. State
Ga. · 2015 · confidence medium
Accord Bryant v. State, 270 Ga. 266, 268-269 ( 507 SE2d 451 ) (1998) (holding that although the victim, who was shot during a robbery and died at home two months later from a pulmonary embolism, “had previously suffered from some conditions that might have put her at risk for pulmonary embolism, the injuries she sustained in appellants’ attack on her . . . ‘materially accelerated the death, although (it was) proximately occasioned by a pre-existing cause.’” (citation omitted); Durden v. State, 250 Ga. 325, 329 (5) ( 297 SE2d 237 ) (1982) (holding that the jury was authorized to find …
discussed Cited as authority (rule) Cordero v. State
Ga. · 2015 · confidence medium
Accord Bryant v. State, 270 Ga. 266, 268-269 ( 507 SE2d 451 ) (1998) (holding that although the victim, who was shot during a robbery and died at home two months later from a pulmonary embolism, “had previously suffered from some conditions that might have put her at risk for pulmonary embolism, the injuries she sustained in appellants’ attack on her ... ‘materially accelerated the death, although (it was) proximately occasioned by a pre-existing cause.’ ” (citation omitted)); Durden v. State, 250 Ga. 325, 329 (5) ( 297 SE2d 237 ) (1982) (holding that the jury was authorized to find …
cited Cited as authority (rule) Smith v. Wal-Mart Stores East, LP
Ga. Ct. App. · 2014 · confidence medium
Durden v. State, 250 Ga. 325, 326 (1) ( 297 SE2d 237 ) (1982) (citation omitted).
discussed Cited as authority (rule) Felicia L. Smith v. Wal-Mart Stores East, Lp
Ga. Ct. App. · 2014 · confidence medium
As the Supreme Court of Georgia has noted, moreover, a warrantless arrest is made with probable cause and is therefore legal “if, at the moment the arrest is made, the facts and circumstances within the knowledge of the arresting officers and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the accused had committed or was committing an offense.” Durden v. State, 250 Ga. 325, 326 (1) ( 297 SE2d 237 ) (1982) (citation omitted).
discussed Cited as authority (rule) Pitchford v. State (2×)
Ga. · 2013 · confidence medium
Durden v. State, 250 Ga. 325, 326 (1) ( 297 SE2d 237 ) (1982).
cited Cited as authority (rule) Chua v. State
Ga. · 2011 · confidence medium
Durden v. State, 250 Ga. 325, 329 (5) ( 297 SE2d 237 ) (1982).
discussed Cited as authority (rule) State v. Jackson
Ga. · 2010 · confidence medium
See, e.g., Jones v. State, 220 Ga. 899, 902 ( 142 SE2d 801 ) (1965) (“ ‘A murder may be committed in perpetration of a felony, although it does not take place until after the felony itself has been technically completed, if the homicide is committed within the res gestae of the felony.’ Certainly the killing is a part of the res gestae of the robbery in this case ... and is one of the incidental, probable consequences of the execution of the design to commit the robbery.” (citations omitted)); Dupree v. State, 247 Ga. 470, 470-471, 472 ( 277 SE2d 18 ) (1981) (holding, where the victim …
cited Cited as authority (rule) Davis v. State
Ga. Ct. App. · 2010 · confidence medium
Durden v. State, 250 Ga. 325, 326 (1) ( 297 SE2d 237 ) (1982).
cited Cited as authority (rule) Hardy v. State
Ga. Ct. App. · 2009 · confidence medium
Durden v. State, 250 Ga. 325, 327 (3) ( 297 SE2d 237 ) (1982).
cited Cited as authority (rule) Kline v. KDB, INC.
Ga. Ct. App. · 2009 · confidence medium
(Emphasis supplied.) In Durden v. State, 250 Ga. 325, 326 ( 297 SE2d 237 ) (1982), the Supreme Court addressed the above-emphasized “failure of justice” exigent circumstance in OCGA § 17-4-20 (a).
discussed Cited as authority (rule) Hight v. State (2×)
Ga. Ct. App. · 2008 · confidence medium
Hight argues that the circumstances of his arrest do not fall *256 within one of the situations where arrests without a warrant are permissible under OCGA § 17-4-20. 1 However, in Durden v. State, 250 Ga. 325 ( 297 SE2d 237 ) (1982), the Supreme Court of Georgia held that “[a]n arrest and search, legal under federal law, are legal under state law.” Id. at 327 (1).
discussed Cited as authority (rule) Hines v. State (2×) also: Cited "see"
Ga. Ct. App. · 2006 · confidence medium
Furthermore, in Durden v. State, 250 Ga. 325, 327-328 (3) ( 297 SE2d 237 ) (1982), the Court held that a police officer’s testimony that the defendant answered certain questions asked of him by the police *408 during a post-arrest interview, but gave no response to other critical questions, violated the rule set forth in Doyle .
discussed Cited as authority (rule) United States v. Dwight Anthony Goddard
11th Cir. · 2002 · signal: cf. · confidence medium
Watson, 423 U.S. at 423-24 , 96 S.Ct. 820 (emphasis added) (citations omitted); see, e.g., United States v. Costa, 691 F.2d 1358, 1361 (11th Cir.1982); cf. Durden v. State, 250 Ga. 325 , 297 S.E.2d 237, 240 (1982) (holding that arrests and searches, legal under federal law, are legal under state law).
discussed Cited as authority (rule) Hulme v. State
Ga. · 2001 · confidence medium
Stat. § 14:30.1 (A) (3); Wis. Stat. § 940.02 (2) (a); Minn. Stat. Ann. § 609.195 (b). 3 State v. Randolph, 676 SW2d 943 (Tenn. 1984) (second degree murder under conscious indifference to human life standard); Sheriff, Clark County v. Morris, 659 P2d 852 (Nev. 1983) (felony murder); Heacock v. Commonwealth, 323 SE2d 90 (Va. 1984) (felony murder); State v. Wassil, 658 A2d 548 (Conn. 1995) (manslaughter when death occurs “under circumstances evincing an extreme indifference to human life”); State v. Mauldin, 529 P2d 124 (1974) (felony murder). 4 OCGA § 16-5-1 (c). 5 Mosley v. State, 272 G…
cited Cited as authority (rule) Fortson v. State
Ga. Ct. App. · 2001 · confidence medium
Durden v. State, 250 Ga. 325, 327 (1) ( 297 SE2d 237 ) (1982).
discussed Cited as authority (rule) State v. Mallard
Ga. Ct. App. · 2000 · confidence medium
Eldridge and Barnes, JJ., concur. 1 Rider v. State, 222 Ga. App. 602 ( 475 SE2d 655 ) (1996). 2 State v. Becker, 240 Ga. App. 267 ( 523 SE2d 98 ) (1999). 3 Other misdemeanor charges, not herein relevant, were also filed against the defendants. 4 Fritzius v. State, 225 Ga. App. 642 ( 484 SE2d 743 ) (1997). 5 Michigan v. Summers, 452 U. S. 692 (101 SC 2587, 69 LE2d 340) (1981). 6 State v. Crank, 212 Ga. App. 246 ( 441 SE2d 531 ) (1994). 7 Garmon v. State, 271 Ga. 673 ( 524 SE2d 211 ) (1999). 8 Garmon v. State, 235 Ga. App. 671 ( 510 SE2d 350 ) (1998). 9 Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20…
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2000 · confidence medium
Nevertheless, it is not necessary to address this issue. 9 See Zachery v. State, 158 Ga. App. 448, 449 (2) ( 280 SE2d 860 ) (1981) (affirming denial of mistrial motion where objectionable question not answered and curative instructions given). 10 Durden v. State, 250 Ga. 325, 329-330 (6) ( 297 SE2d 237 ) (1982).
cited Cited as authority (rule) Tyson v. State
Ga. Ct. App. · 2000 · confidence medium
In Durden v. State, 250 Ga. 325, 327 ( 297 SE2d 237 ) (1982), our Supreme Court abolished the distinction between the federal and state tests in determining whether an arrest was valid.
cited Cited as authority (rule) Cromartie v. State
Ga. · 1999 · confidence medium
OCGA § 17-4-20 (a); Durden v. State, 250 Ga. 325, 326-327 (1) ( 297 SE2d 237 ) (1982).
discussed Cited as authority (rule) Reynolds v. State
Ga. Ct. App. · 1998 · confidence medium
As the Supreme Court has said: Tn closing arguments each side is permitted to make any argument which is reasonably suggested by the evidence.’ Durden v. State, 250 Ga. 325, 329-330 ( 297 SE2d 237 ) (1982). . . .
discussed Cited as authority (rule) Glean v. State
Ga. · 1997 · confidence medium
Co. v. Bundrage, 264 Ga. 632, 633 ( 452 SE2d 474 ) (1994). 5 Cowards v. State, 266 Ga. 191, 194 ( 465 SE2d 677 ) (1996) (mistrial should be granted when necessary to preserve right to fair trial). 6 See Spencer v. State, 260 Ga. 640, 642 (1) (e) ( 398 SE2d 179 ) (1990); Howard v. State, 251 Ga. 586, 589 (7) ( 308 SE2d 167 ) (1983). 7 Durden v. State, 250 Ga. 325, 326-327 (1) ( 297 SE2d 237 ) (1982). 8 See Hardwick v. State, 264 Ga. 161, 164 (2) ( 442 SE2d 236 ) (1994). 9 Hardwick, 264 Ga. at 162-163, 164-165 .
cited Cited as authority (rule) Crawford v. State
Ga. · 1997 · confidence medium
“In closing arguments each side is permitted to make any argument which is reasonably suggested by the evidence.” Durden v. State, 250 Ga. 325, 329-330 (6) ( 297 SE2d 237 ) (1982).
cited Cited as authority (rule) State v. Sumlin
Ga. Ct. App. · 1997 · confidence medium
Durden v. State, 250 Ga. 325, 326 ( 297 SE2d 237 ) (1982); Beck v. Ohio, 379 U. S. 89, 91 (85 SC 223, 13 LE2d 142) (1964).” Callaway v. State, 257 Ga. 12, 13 (2) ( 354 SE2d 118 ).
discussed Cited as authority (rule) Stubbs v. State
Ga. Ct. App. · 1996 · confidence medium
The trial court, in ruling on such an objection, must determine whether counsel’s argument is “reasonably suggested by the evidence.” Durden v. State, 250 Ga. 325, 329-330 (6) ( 297 SE2d 237 ) (1982). “[R]emarks of a judge assigning a reason for his ruling are neither an expression of opinion nor a comment on the evidence.” (Citations and punctuation omitted.) Crowe v. State, 265 Ga. 582, 594 (19) ( 458 SE2d 799 ) (1995). 5.
cited Cited as authority (rule) Autry v. State
Ga. Ct. App. · 1993 · confidence medium
See Carter v. State, 257 Ga. 510, 513 ( 361 SE2d 175 ); Durden v. State, 250 Ga. 325, 327 ( 297 SE2d 237 ); Thaxton v. State, 184 Ga. App. 779, 781 ( 362 SE2d 510 ).
cited Cited as authority (rule) McCormick v. State
Ga. Ct. App. · 1993 · confidence medium
See Carter v. State, 257 Ga. 510, 513 ( 361 SE2d 175 ); Durden v. State, 250 Ga. 325, 327 ( 297 SE2d 237 ); Thaxton v. State, 184 Ga. App. 779, 781 ( 362 SE2d 510 ).
discussed Cited as authority (rule) Rogers v. State (2×)
Ga. Ct. App. · 1992 · confidence medium
Durden v. State, 250 Ga. 325, 326-327 (1) ( 297 SE2d 237 ) (1982). ‘Under this standard an arrest is constitutionally valid if, at the moment the arrest is made, the facts and circumstances within the knowledge of the arresting officers and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the accused had committed ... an offense.
cited Cited as authority (rule) State v. Sparks
Ga. Ct. App. · 1992 · confidence medium
Durden v. State, 250 Ga. 325, 326 ( 297 SE2d 237 ) (1982); Beck v. Ohio, 379 U. S. 89, 91 (85 SC 223, 13 *440 LE2d 142) (1964).” Callaway v. State, 257 Ga. 12, 13 (2) ( 354 SE2d 118 ).
cited Cited as authority (rule) Lyon v. State
Ga. · 1992 · confidence medium
Accord State v. Cross, 260 Ga. 845 (2) ( 401 SE2d 510 ) (1991); Durden v. State, 250 Ga. 325, 329 ( 297 SE2d 237 ) (1982).
discussed Cited as authority (rule) State v. Thurmond (2×)
Ga. Ct. App. · 1992 · confidence medium
Durden v. State, 250 Ga. 325, 326-327 (1) ( 297 SE2d 237 ) (1982).
cited Cited as authority (rule) Bonds v. State
Ga. Ct. App. · 1992 · confidence medium
See Carter v. State, 257 Ga. 510, 513 ( 361 SE2d 175 ); Durden v. State, 250 Ga. 325, 327 ( 297 SE2d 237 ); Thaxton v. State, 184 Ga. App. 779, 781 ( 362 SE2d 510 ). 3.
examined Cited as authority (rule) Daniel v. State (4×)
Ga. Ct. App. · 1991 · confidence medium
In so holding we find instructive the holding in Durden v. State, 250 Ga. 325, 327 (1) ( 297 SE2d 237 ) (1982), in which our Supreme Court was confronted with a similar issue involving probable cause to arrest under federal and state law.
cited Cited as authority (rule) Wade v. State
Ga. Ct. App. · 1990 · confidence medium
Durden v. State, 250 Ga. 325, 329 ( 297 SE2d 237 ) (1982); Johnson v. State, 246 Ga. 126 ( 269 SE2d 18 ) (1980).
cited Cited as authority (rule) Gurlaskie v. State
Ga. Ct. App. · 1990 · confidence medium
See Carter v. State, 257 Ga. 510, 513 ( 361 SE2d 175 ); Durden v. State, 250 Ga. 325, 327 ( 297 SE2d 237 ); Thaxton v. State, 184 Ga. App. 779, 781 ( 362 SE2d 510 ).
discussed Cited as authority (rule) Dukes v. State
Ga. Ct. App. · 1990 · confidence medium
The prosecutor’s argument was suggested by the evidence (see Durden v. State, 250 Ga. 325, 329-330 ( 297 SE2d 237 ); Brooks v. State, 191 Ga. App. 705 ( 382 SE2d 432 )), and Dukes failed to request the charge about which he now complains.
cited Cited as authority (rule) Edwards v. State
Ga. Ct. App. · 1990 · confidence medium
The arrest of all four without a warrant was justified at this point, Durden v. State, 250 Ga. 325, 326 ( 297 SE2d 237 ) (1982); Napier v. State, 184 Ga. App. 770, 771 (1) ( 362 SE2d 501 ) (1987).
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1989 · confidence medium
Durden v. State, 250 Ga. 325, 326 ( 297 SE2d 237 ).
discussed Cited as authority (rule) Burroughs v. State
Ga. Ct. App. · 1989 · confidence medium
We note that in Durden v. State, 250 Ga. 325 ( 297 SE2d 237 ) (1982), cited by appellants, our Supreme Court in discussing when a warrantless arrest is valid under the Federal Constitution and state statutes determined that “[a]n arrest and search, legal under federal law, are legal under state law.” Id. at 327 (1).
cited Cited as authority (rule) Wright v. State
Ga. Ct. App. · 1988 · confidence medium
Battle v. State, 254 Ga. 666, 670 (3) ( 333 SE2d 599 ) (1985); Gibbons v. State, 253 Ga. 283 ( 319 SE2d 861 ) (1984); Durden v. State, 250 Ga. 325, 326 ( 297 SE2d 237 ) (1982).
discussed Cited as authority (rule) Spain v. Commonwealth
Va. Ct. App. · 1988 · confidence medium
See, e.g., People v. Hernandez, 169 Cal. App. 3d 282, 287 , 215 Cal. Rptr. 166, 168 (1985); Durden v. State, 250 Ga. 325, 329 , 297 S.E.2d 237, 241 (1982); State v. Reardon, 486 A.2d 112, 118 (Me. 1984); Stewart v. State, 65 Md.
discussed Cited as authority (rule) Swailes v. State
Ga. Ct. App. · 1988 · confidence medium
See, e.g., Hickman v. State, 186 Ga. App. 118, 119 (3) ( 366 SE2d 426 ) (1988); James v. State, 250 Ga. 655 ( 300 SE2d 492 ) (1983); Durden v. State, 250 Ga. 325, 328 (5) ( 297 SE2d 237 ) (1982); Larkin v. State, 247 Ga. 586 (1) ( 278 SE2d 365 ) (1981); Dupree v. State, 247 Ga. 470, 472 (1) ( 277 SE2d 18 ) (1981).
discussed Cited as authority (rule) Smith v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
“An arrest and search, legal under federal law, are legal under state law.” Durden v. State, 250 Ga. 325, 326 (1), 327 ( 297 SE2d 237 ).
cited Cited as authority (rule) Lee v. State
Ga. · 1988 · confidence medium
Durden v. State, 250 Ga. 325, 326 (1) ( 297 SE2d 237 ) (1982). 6.
discussed Cited as authority (rule) State v. Richardson (2×)
Ga. Ct. App. · 1988 · confidence medium
Durden v. State, 250 Ga. 325, 327 ( 297 SE2d 237 ) (1982).
discussed Cited as authority (rule) Keyser v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
An arrest and search, legal under federal law, are legal under state law.” Durden v. State, 250 Ga. 325, 327 (1) ( 297 SE2d 237 ) (1982).
cited Cited as authority (rule) State v. Banks
Ga. Ct. App. · 1988 · confidence medium
Durden v. State, 250 Ga. 325, 326 ( 297 SE2d 237 ); OCGA § 17-4-20; Beck v. Ohio, 379 U. S. 89, 91 (85 SC 223, 13 LE2d 142).
discussed Cited as authority (rule) Studdard v. State (2×)
Ga. Ct. App. · 1987 · confidence medium
Durden v. State, 250 Ga. 325, 327 (2) ( 297 SE2d 237 ); Stephens v. State, 170 Ga. App. 342, 343 ( 317 SE2d 627 ).
Durden
v.
the State
38873.
Supreme Court of Georgia.
Nov 16, 1982.
297 S.E.2d 237
Harry J. Fox, Jr., for appellant., G. Theron Finlayson, District Attorney, Edward D. Lukemire, Assistant District Attorney, Michael S. Bradley, for appellee.
Hill, Bell.
Cited by 129 opinions  |  Published
2 passages pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: Supreme Court of Louisiana (2)
Hill, Chief Justice.

Defendant was found guilty of felony murder, burglary and aggravated assault in connection with a break-in at Barfield’s Bait and Tackle Shop in Houston County. He was sentenced to life in prison on the felony murder conviction. Evidence introduced at trial showed that the perpetrator had pried off a vent cover on the roof of the store and dropped through to the floor. He then set off a movement-sensitive alarm in the owner’s home behind the store. The owner responded to the alarm by notifying police and going to the store. The owner and the intruder exchanged shots with the owner wounding the intruder. The owner was not wounded in the exchange but within minutes after the police arrived he had a heart attack and died. Deceased had suffered from arteriosclerotic cardiovascular disease. The medical examiner testified that the cause of death was cardiac arrest caused by the victim’s small coronary arteries and the stress of events before the victim’s death.

Shortly after the events at the bait shop, defendant was admitted to the emergency room of a local hospital for treatment of gunshot wounds. After being notified of this, the police went to the hospital. They first spoke with defendant’s wife who identified a green hat found on the bait shop floor as similar to one belonging to her husband. In response to questions by police, Mrs. Durden said her husband and a friend had been loading ammunition that evening. Between 10:00 and 10:30 defendant took the friend home. Defendant arrived home shortly after the time of the burglary, screaming and bleeding from the gunshot wound. Mrs. Durden drove him to the hospital immediately.

After advising him of his Miranda rights, investigators began questioning defendant regarding his knowledge of the incident. Defendant told the investigating officers he had been shot while walking across the street from Barfield’s store. He was returning[*326] home after an evening at the Duck’s Breath Saloon where he had become too intoxicated to drive. He was then asked if he recognized the green baseball cap; he replied that it was similar to one he wore. When asked how his hat got on the floor inside Barfield’s, the defendant made no response.

After talking with defendant, police took possession of several articles of defendant’s clothing and examined defendant’s car and apartment with defendant’s wife’s permission. The next day officers found guns taken from the store under shrubbery near defendant’s apartment.

1. Defendant contends his warrantless arrest was unlawful under federal and state law and that the results of the search and seizure of his clothing should have been suppressed. Defendant claims he was arrested when police began questioning him in the emergency room. He asserts, and the investigating officer conceded on cross-examination, that he was not free to leave had he attempted to do so.

There are two focal points in determining whether a warrantless arrest is valid. The first is referred to as the “probable cause” test. This test determines whether the arrest met the requirements of the federal constitution. Under this standard an arrest is constitutionally valid if, at the moment the arrest is made, the facts and circumstances within the knowledge of the arresting officers and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the accused had committed or was committing an offense. Beck v. Ohio, 379 U. S. 89, 91 (85 SC 223, 13 LE2d 142) (1964). Evidence obtained in connection with an arrest which does not meet this requirement is subject to the federal exclusionary rule and will not be admissible at trial.

The police officers here had ample evidence of probable cause to arrest defendant without a warrant. They knew a burglary and an aggravated assault had been committed and the perpetrator of these crimes had been shot. The perpetrator had left his hat in the store. Defendant was in the emergency room shortly thereafter suffering from a gunshot. Defendant’s wife identified the hat as similar to one worn by defendant. We find the evidence meets the federal standard of probable cause; i.e., the facts and circumstances within the knowledge of the arresting officers were sufficient to warrant a prudent man in believing that the defendant had committed the offenses.

The second focal point is the Georgia law. Code Ann. § 27-313 (a) (1) creates a statutory exclusionary rule for searches and seizures without a warrant. Code Ann. § 27-207 lists three situations in which a warrantless arrest is permissible: (1) where the offense is committed[*327] in the presence of the arresting officer; (2) where the offender is trying to escape; or (3) under other circumstances where there is likely to be a failure of justice if the officer is required to delay the arrest until a warrant is obtained.

We find that these dual inquiries, one under federal law and one under state law, serve no useful purpose and result in complicating the law in an area which needs to be readily understood by law enforcement officers. Hence we hold that if an officer, while in the presence or vicinity of the accused, acquires “probable cause” (federal) to arrest the accused outside his or her home, and fails to make such arrest, there is likely to be a failure of justice as a matter of law if the officer is required to delay the arrest until a warrant is obtained. That is to say, we find the state rule to be the same as the federal rule. An arrest and search, legal under federal law, are legal under state law. Thus, defendant’s motion to suppress the evidence was properly denied.

2. Defendant also lists as error the trial court’s determination that he had waived his rights under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). He claims any purported waiver was not knowingly and voluntarily made because he was under the influence of alcohol and drugs and was suffering a great deal of pain.

When officers questioned defendant at the hospital, he made coherent, logical statements. The officers testified they determined from defendant’s demeanor that he understood his rights and his actions in waiving those rights. We find no error in the trial judge’s determination that the defendant’s statement was admissible.

3. In the state’s direct case, the investigating officer testified .about the conversation with defendant at the hospital. The officer was allowed to testify over defendant’s objection that defendant made no response to his question, “How did your hat get in Barfield’s store?” Defendant enumerates this as error.

Here defendant had been advised of his right to remain silent and warned that any statement he made could be used against him. He answered several of the officer’s questions but declined to answer one. We find that evidence of defendant’s decision not to answer is inadmissible and should have been excluded upon objection. The defendant was advised of his right to remain silent, and the prosecution may not use against him the fact that he exercised that right. Miranda v. Arizona, supra, 384 U. S. at 468 (fn. 37); Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976); and United States v. Hale, 422 U. S. 171 (95 SC 2133, 45 LE2d 99) (1975); see also Howard v. State, 237 Ga. 471 (228 SE2d 860) (1976).

The recent United States Supreme Court case of Fletcher v. Weir, - U. S. - (102 SC 1309, 71 LE2d 490) (1982), is[*328] inapplicable to the facts here. Weir had not been advised of his Miranda rights, and the state sought, on cross-examination, to impeach his testimony at trial claiming self-defense by his failure to assert that defense following his arrest. Here the defendant had been advised of his Miranda rights, and the evidence of silence was presented in the state’s direct case, not to impeach defendant’s trial testimony.

4. Defendant contends the evidence was insufficient to prove he was the perpetrator of the burglary and the aggravated assault.

The evidence showed a knife in defendant’s pocket had tar on it similar to the tar on the vent cover pried off by the perpetrator. Defendant’s jacket collar had insulation fibers stuck to it similar to the insulation in the roof of the store. Defendant’s hat was found inside Barfield’s shop. The victim told police he hit the perpetrator with at least one shot. Defendant was in the hospital emergency room for treatment of gunshot wounds shortly thereafter. Blood found in the store was consistent with defendant’s, and experts testified that only 7 out of 10,000 people would have blood consistent with this. Defendant admitted being shot in the vicinity of Barfield’s store. A witness observed a white male with dark hair and a beard running away from Barfield’s shop, cradling a gun in his right hand, and driving off in a car a description of which fit defendant’s car. Defendant had a beard at that time. Guns taken during the burglary were found near defendant’s apartment. The jury clearly was authorized to find from this that defendant was the perpetrator.

Because of the overwhelming evidence linking defendant with this crime, the error in Division 3 is harmless beyond a reasonable doubt, as are the errors referred to in enumerations 2 and 6.

5. Defendant argues that the state did not establish the burglary and the aggravated assault as the proximate cause of the victim’s death so as to authorize his conviction for felony murder. He suggests two bases for this proposition: (1) defendant inflicted no physical or corporeal injury to the victim; or (2) to find that the burglary and aggravated assault here caused the victim’s heart attack is to use a “but for” test of causation.

At early common law some type of physical injury was required for imposition of criminal responsibility for homicide. 40 CJS, Homicide, § 11. This rule may have been designed to prevent prosecutions for witchcraft. In any event, the modern tendency is to disregard this mechanical rule and to determine criminality according to the degree of reasonable proximity between the unlawful act and the death. Anno.: Homicide by Fright or Shock, 47 ALR2d 1072 at 1073. We hold that a physical injury is not required for criminal responsibility for homicide.

[*329] Defendant argues he should not be responsible for the victim’s death because the victim was suffering from cardiovascular disease, was overweight, was not under a doctor’s care and had a life expectancy of not more than 2 years. In Ward v. State, 238 Ga. 367, 369 (233 SE2d 175) (1977), quoting from Wilson v. State, 190 Ga. 824, 829 (10 SE2d 861) (1940), this court said: “Where one inflicts an unlawful injury, such injury is to be accounted as the efficient, proximate cause of the death, whenever it shall be made to appear, either that (1) the injury itself constituted the sole proximate cause of the death; or that (2) the injury directly and materially contributed to the happening of a subsequent accruing immediate cause of the death; or that (3) the injury materially accelerated the death, although proximately occasioned by a pre-existing cause.” Having determined that a physical injury is not required, and this being a felony murder case, the word “felony” may be substituted for “injury” in the above quotation and the rule may be stated as follows: Where one commits a felony upon another, such felony is to be accounted as the efficient, proximate cause of the death whenever it shall be made to appear either that the felony directly and materially contributed to the happening of a subsequent accruing immediate cause of the death, or that the injury materially accelerated the death, although proximately occasioned by a pre-existing cause.

State v. Crane, 247 Ga. 779 (279 SE2d 695) (1981), urged by defendant is inapposite. In Crane the deceased was a burglar who was shot by the intended burglary victim. Here the defendant’s actions were directed at the deceased, and the question is whether those actions , (felonies) were the cause of death.

It could be argued that there was a “reasonable hypothesis” that the victim died from cardiac arrest not caused by the burglary and aggravated assault. See Code § 38-109. The medical examiner testified that the cause of death was cardiac arrest caused by the victim’s small coronary arteries and the stress of events before the victim’s death. The jury was authorized to find the defendant guilty of felony murder beyond a reasonable doubt.

6. During closing argument, the district attorney argued that defendant’s explanation of how he was shot was ludicrous and against the law of physics. Defendant claimed he was walking across the street from Barfield’s when he was struck in the back by a bullet moving in an upward direction. Two witnesses testified that this set of facts was physically possible. Defendant claims the district attorney’s statement is against the evidence and improper. We disagree. The state was merely arguing the unlikelihood that defendant’s version of the facts occurred. In closing arguments each side is permitted to make any argument which is reasonably[*330] suggested by the evidence.

Decided November 16, 1982 — Rehearing denied November 29, 1982. Harry J. Fox, Jr., for appellant. G. Theron Finlayson, District Attorney, Edward D. Lukemire, Assistant District Attorney, Michael S. Bradley, for appellee.

7. Defendant’s final enumeration of error is the trial court’s failure to grant his motion for a change of venue. Defendant claimed that pretrial publicity of the crime made it impossible for him to receive a fair trial. A motion for change of venue is addressed to the discretion of the trial court, and a denial of such motion will be overruled only where there is an abuse of such discretion. See Johnson v. State, 242 Ga. 649, 655 (250 SE2d 394) (1978); and Presnell v. State, 241 Ga. 49, 53 (243 SE2d 496) (1978). We have reviewed the newspaper accounts which defendant alleges required a change of venue, and we find no abuse of discretion by the trial court in not granting the motion.

Judgment affirmed.

All the Justices concur, except Bell, J., not participating.