White v. State, 727 S.E.2d 109 (Ga. 2012). · Go Syfert
White v. State, 727 S.E.2d 109 (Ga. 2012). Cases Citing This Book View Copy Cite
“he trial court . . . properly instructed the jury that it had to consider whether mitigating circumstances reduced the killing to voluntary manslaughter before it was authorized to return a guilty verdict on the malice murder or felony murder charge.”
168 citation events (168 in the last 25 years) across 2 distinct courts.
Strongest positive: Locklear v. State (ga, 2023-08-21)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (quoted) Locklear v. State (4×) also: Cited "see, e.g."
Ga. · 2023 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence low
he trial court . . . properly instructed the jury that it had to consider whether mitigating circumstances reduced the killing to voluntary manslaughter before it was authorized to return a guilty verdict on the malice murder or felony murder charge.
examined Cited as authority (quoted) Deanta Smith v. State (3×) also: Cited as authority (rule), Cited "see"
Ga. Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
he failure to object to the charge as given precludes appellate review 'unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.
examined Cited as authority (quoted) SEALS v. the STATE.
Ga. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
an appellate court is required to review for plain error an alleged jury instruction error to which no objection was raised at trial, provided the enumeration of error is properly enumerated and argued on appeal.
discussed Cited as authority (rule) Rivers v. State
Ga. · 2026 · confidence medium
“Because an objection voiced at the charge conference does not preserve objections to the charge as subsequently given, the failure to object to the charge as given precludes appellate review unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.” White v. State, 291 Ga. 7, 8 (2012) (cleaned up).
examined Cited as authority (rule) Rana v. State (5×)
Ga. · 2024 · confidence medium
When “the issue of retreat is raised by the evidence or placed in issue, the defense is entitled to a charge on the principles of retreat.” White v. State, 291 Ga. 7, 8 (727 SE2d 109) (2012).
examined Cited as authority (rule) Jivens v. State (6×) also: Cited "see"
Ga. · 2023 · confidence medium
A party’s failure to object to the instruction as given, or to the omission of an instruction, precludes appellate review of the instruction “‘unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.’” White, 291 Ga. at 8 (2) (quoting OCGA § 17-8-58 (b)).
examined Cited as authority (rule) Whittaker v. State (6×) also: Cited "see"
Ga. · 2023 · confidence medium
The no- duty-to-retreat instruction is required only when “the issue of retreat is raised by the evidence or placed in issue.” See White v. State, 291 Ga. 7, 8 (2) (727 SE2d 109) (2012) (“Where self-defense is the sole defense, and the issue of retreat is raised by the evidence or placed in issue, the defense is entitled to a charge on the principles of retreat.” (cleaned up)); Higginbotham v. State, 287 Ga. 187, 189- 190 (4) (695 SE2d 210) (2010) (holding that the no-duty-to-retreat instruction was not warranted when the issue of retreat was not raised by the evidence).
discussed Cited as authority (rule) Davis v. State (2×)
Ga. · 2021 · confidence medium
But Davis did not object to the omission of the charge after the trial court instructed the jury. “[T]he failure to object to the charge as given precludes appellate review ‘unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.’” White v. State, 291 Ga. 7, 8 (2) (727 SE2d 109) (2012) (quoting OCGA § 17-8-58 (b)); see also Williams v. State, 306 Ga. 717, 720 (2) (832 SE2d 805) (2019).
discussed Cited as authority (rule) Davenport v. State (2×)
Ga. · 2021 · confidence medium
The trial court stated “while the jury charges on self-defense and voluntary manslaughter are not mutually exclusive, the provocation necessary to support a charge of voluntary manslaughter is different from that which would support a claim of self-defense.” After the trial court charged the jury, trial counsel made no objection to the charge as given. 12 In the absence of an objection at the time of the charge, this Court reviews this issue only for plain error pursuant to OCGA § 17- 8-58 (b).3 See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (quoting OCGA § 17-8-58 (b)).
examined Cited as authority (rule) Merritt v. State (4×) also: Cited "see"
Ga. · 2020 · confidence medium
But Merritt did not object to the omission of the charge after the trial court instructed the jury. “[T]he failure to object to the charge as given precludes appellate review ‘unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.’” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (quoting OCGA § 17-8-58 (b)); see also Williams v. State, 306 Ga. 717, 720 (2) ( 832 SE2d 805 ) (2019).
cited Cited as authority (rule) Coley v. State
Ga. · 2019 · signal: cf. · confidence medium
Cf. White v. State, 291 Ga. 7, 8 ( 727 SE2d 109 ) (2012) (“[F]ailure to object to the charge as given precludes appellate review” unless there was plain error.).
cited Cited as authority (rule) Stanley v. State
Ga. · 2017 · confidence medium
White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012). 5 The standards establishing plain error have not been met in this case.
cited Cited as authority (rule) Stanley v. State
Ga. · 2017 · confidence medium
(Citation omitted.) White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
cited Cited as authority (rule) State v. Alvarez
Ga. · 2016 · confidence medium
White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
cited Cited as authority (rule) Driskell v. the State
Ga. Ct. App. · 2015 · confidence medium
(Citations and punctuation omitted.) White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
discussed Cited as authority (rule) Leeks v. State
Ga. · 2015 · confidence medium
Even though no objection was raised at the trial in this case, we are required to review the instruction for plain error because the “enumeration of error [has been] properly enumerated and argued on appeal.” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
discussed Cited as authority (rule) Leeks v. State
Ga. · 2015 · confidence medium
Even though no objection was raised at the trial in this case, we are required to review the instruction for plain error because the “enumeration of error [has been] properly enumerated and argued on appeal.” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
cited Cited as authority (rule) Chad Randall Wofford v. State
Ga. Ct. App. · 2014 · confidence medium
See OCGA § 17-8-58 (b); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
cited Cited as authority (rule) Wofford v. State
Ga. Ct. App. · 2014 · confidence medium
See OCGA § 17-8-58 (b); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
discussed Cited as authority (rule) Minor v. State (2×)
Ga. Ct. App. · 2014 · confidence medium
(Citation omitted.) White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) .
discussed Cited as authority (rule) Robert Clayton v. State (2×)
Ga. Ct. App. · 2014 · confidence medium
Under the plain error standard, “[r]eversal is authorized if all four prongs of the standard adopted in [State v.] Kelly[, 290 Ga. 29, 33 (2) (a) ( 718 SE2d 232 ) (2011),] are met: the instruction was erroneous, the error was obvious, the instruction likely affected the outcome of the proceedings, and the error seriously affects the fairness, integrity or public reputation of judicial proceedings.” (Citation omitted.) White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
cited Cited as authority (rule) McBurrows v. State
Ga. Ct. App. · 2013 · confidence medium
See OCGA § 17-8-58 (b); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
cited Cited as authority (rule) Keith McBurrows v. State
Ga. Ct. App. · 2013 · confidence medium
See OCGA § 17-8-58 (b); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
discussed Cited as authority (rule) Mathis v. State
Ga. · 2013 · confidence medium
Assuming that such an instruction was warranted, see White v. State, 291 Ga. 7, 9 (2) ( 727 SE2d 109 ) (2012), and disregarding whether there might be error, clear or otherwise, in the trial court’s omission of the phrase “criminal negligence” under the facts of this case, there is no likelihood that the omission affected the outcome of the trial.
discussed Cited as authority (rule) Shaw v. State
Ga. · 2013 · confidence medium
As we have explained before, a failure to charge amounts to plain error only to the extent that “[the failure to charge] was erroneous, the error was obvious, [the failure to charge] likely affected the outcome of the proceedings, and the error seriously affect[ed] the fairness, integrity, or public reputation of judicial proceedings.” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (citation omitted).
examined Cited as authority (rule) Merritt v. State (3×)
Ga. · 2013 · confidence medium
“Because an objection voiced at the charge conference does not preserve objections to the charge as subsequently given, the failure to object to the charge as given precludes appellate review unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (citation and punctuation omitted).
discussed Cited as authority (rule) Zorie Stuart v. State
Ga. Ct. App. · 2012 · confidence medium
Id. at fn. 2; White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (court reviews allegation of jury instruction error despite lack of objection, “provided the enumeration of error is properly enumerated and argued on appeal.”).
discussed Cited as authority (rule) Stuart v. State
Ga. Ct. App. · 2012 · confidence medium
State v. Kelly, 290 Ga. at 32 (1), n. 2; White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (court reviews allegation of jury instruction error despite lack of objection, “provided the enumeration of error is properly enumerated and argued on appeal”).
examined Cited as authority (rule) Anthony v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
See Alatise v. State, 291 Ga. 428, 429 (2) ( 728 SE2d 592 ) (2012); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
examined Cited as authority (rule) Jesse Anthony v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
See Alatise v. State, __ Ga. __, __ (2) (Case No. S12A0024, decided June 18, 2012); White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
discussed Cited as authority (rule) Kegler v. State
Ga. Ct. App. · 2012 · confidence medium
Reversal for plain error is required only if the following four conditions are met: “the instruction was erroneous, the error was obvious, the instruction likely affected the outcome of the proceedings, and the error seriously affects the fairness, integrity or public reputation of judicial proceedings.” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
discussed Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2012 · confidence medium
Reversal based on plain error is authorized if “the instruction was erroneous, the error was obvious, the instruction likely affected the outcome of the proceedings, and the error seriously affects the fairness, integrity or public reputation of judicial proceedings.” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
cited Cited as authority (rule) Green v. State
Ga. · 2012 · confidence medium
However, “no objection was made after instructions were given to the jury following closing arguments.” White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
examined Cited "see" Hill v. State (4×)
Ga. · 2025 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (“An appellate court is required to review for plain error an alleged jury instruction error to which no objection was raised at trial, provided the enumeration of error is properly enumerated and argued on appeal.” (emphasis supplied)). 13 nor are we aware of any controlling authority requiring such an instruction.
discussed Cited "see" Keiver Rivas Arroyo v. State (2×)
Ga. Ct. App. · 2024 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
examined Cited "see" Mayo v. State (4×)
Ga. · 2024 · signal: see · confidence high
See White v. State, 291 Ga. 7, 9 (3) (727 SE2d 109) (2012) (no error where the trial court accepted a verdict that found the defendant guilty of felony murder but left the portion of the verdict form corresponding to voluntary manslaughter blank); Barnes, 305 Ga. at 23 (3).
examined Cited "see" Behl v. State (4×)
Ga. · 2023 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) (727 SE2d 109) (2012) (“[T]he failure to object to the charge as given precludes appellate review ‘unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.’” (quoting OCGA § 17-8-58 (b))).
examined Cited "see" Munn v. State (4×)
Ga. · 2022 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) (727 SE2d 109) (2012).
examined Cited "see" DRAUGHN v. THE STATE (Three Cases) (4×)
Ga. · 2021 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) (727 SE2d 109) (2012) (an “objection voiced at the charge conference does not preserve objections to the charge as subsequently given”).
discussed Cited "see" Russell v. State (2×)
Ga. · 2020 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012); State v. Kelly, 290 Ga. 29, 33 (2) (a) ( 718 SE2d 232 ) (2011).
discussed Cited "see" Collins v. State (2×)
Ga. · 2020 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 ( 727 SE2d 109 ) (2012).
discussed Cited "see" Williams v. State (2×)
Ga. · 2019 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (“Because an objection voiced at the charge conference does not preserve objections to the charge as subsequently given, the failure to object to the charge as given precludes appellate review unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.” (citation and punctuation omitted)).
discussed Cited "see" Beasley v. State (2×)
Ga. · 2019 · signal: see · confidence high
See White v. State , 291 Ga. 7 , 8 (2), 727 S.E.2d 109 (2012).
discussed Cited "see" Beasley v. State (2×)
Ga. · 2019 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012).
discussed Cited "see" Nalls v. State (2×)
Ga. · 2018 · signal: see · confidence high
See White v. State , 291 Ga. 7 , 8 (2), 727 S.E.2d 109 (2012) (objection voiced at charge conference does not preserve objections to the charge as subsequently given for ordinary appellate review).
discussed Cited "see" NALLS v. THE STATE (Two Cases) (2×)
Ga. · 2018 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012) (objection voiced at charge conference does not preserve objections to the charge as subsequently given for ordinary appellate review).
discussed Cited "see" Reynolds v. State (2×)
Ga. · 2016 · signal: see · confidence high
See White v. State, 291 Ga. 7 (2) ( 727 SE2d 109 ) (2012).
discussed Cited "see" Gipson v. the State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012); State v. Kelly, 290 Ga. 29, 33 (2) (a) ( 718 SE2d 232 ) (2011).
discussed Cited "see" Hill v. the State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012); State v. Kelly, 290 Ga. 29, 33 (2) (a) ( 718 SE2d 232 ) (2011).
discussed Cited "see" Tremblay v. the State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See White v. State, 291 Ga. 7, 8 (2) ( 727 SE2d 109 ) (2012); State v. Kelly, 290 Ga. 29, 33 (2) (a) ( 718 SE2d 232 ) (2011).
White
v.
the State
S12A0440.
Supreme Court of Georgia.
Apr 24, 2012.
727 S.E.2d 109
Jennifer A. Trieshmann, for appellant., Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Marc A. Mallon, Arthur C. Walton, Assistant District Attorneys, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Brittany N. Jones, Assistant Attorney General, for appellee.
Benham.
Cited by 58 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 88%
Citer courts: Supreme Court of Georgia (2) · Court of Appeals of Georgia (2)
Benham, Justice.

Appellant Darryl John White was convicted of the felony murder of Ronald Price with the underlying felony being aggravated assault, and possession of a knife during the commission of a felony. After reviewing appellant’s enumerations of error, we affirm the judgment of conviction. [1]

An eyewitness identified appellant as the man he saw walk up to the victim and strike him in the chest, fold up a knife and put it in his pocket, and walk away. The victim was treated at a hospital for a stab wound to his chest and was transferred to a long-term medical-care facility. He died at that facility two months later as a result of a blood clot that had formed due to his immobilization and had broken off and lodged in his lungs. The eyewitness testified he had not seen or heard[*8] the victim do or say anything to provoke appellant’s attack. Appellant testified and admitted stabbing the victim but maintained his action was justified because the victim was one of several smokers who on the day of the stabbing had surrounded appellant and “tortured” him by blowing cigarette smoke in his face and causing him to inhale the smoke, which resulted in appellant having difficulty breathing and becoming dizzy.

1. The evidence was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of felony murder with the underlying felony being aggravated assault, and possession of a knife during the commission of a crime. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Green v. State, 266 Ga. 758 (1), (2) (b) (470 SE2d 884) (1996).

2. Appellant complains the trial court erred when it declined to give his requested jury instruction on “no duty to retreat.” Trial counsel submitted a written request to charge on the subject and objected at the charge conference when the trial court told counsel it would not give the charge; however, no objection was made after instructions were given to the jury following the closing arguments. Because an objection voiced at the charge conference does not preserve objections to the charge as subsequently given (Carruth v. State, 290 Ga. 342 (6) (721 SE2d80) (2012)), the failure to object to the charge as given precludes appellate review “unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.” OCGA § 17-8-58 (b). An appellate court is required to review for plain error an alleged jury instruction error to which no objection was raised at trial, provided the enumeration of error is properly enumerated and argued on appeal. Id.; State v. Kelly, 290 Ga. 29 (1) (718 SE2d 232) (2011). Since new appellate counsel has properly asserted an error in the jury instructions on appeal, we review the omission of the charge on no duty to retreat to determine whether it constituted plain error, regardless of the lack of preservation below. Id. at 32; Carruth v. State, supra, 290 Ga. at 348. Reversal is authorized if all four prongs of the standard adopted in Kelly are met: the instruction was erroneous, the error was obvious, the instruction likely affected the outcome of the proceedings, and the error seriously affects the fairness, integrity or public reputation of judicial proceedings. State v. Kelly, supra, 290 Ga. at 33.

Appellant presented a justification defense as his sole defense and the trial court instructed the jury on the law of justification and that an actual assault need not have been made upon a defendant in order to justify a homicide. “[W]here self-defense is the sole defense, and the issue of retreat is raised by the evidence or placed in issue, the defense is entitled to a charge on the principles of retreat. . . .”[*9] Johnson v. State, 253 Ga. 37, 39 (315 SE2d 871) (1984). Where, as here, the defendant testified and was not questioned as to why he did not leave the scene, the issue of retreat was not raised by the evidence so as to support the giving of a charge on the subject. Higginbotham v. State, 287 Ga. 187 (4) (695 SE2d 210) (2010); Ward v. State, 254 Ga. 610 (2) (331 SE2d 521) (1985). Since it was not necessary in this case to instruct the jury on no duty to retreat in conjunction with appellant’s sole defense of justification, the first prong of the Kelly “plain error” test is not met.

3. Appellant next contends the trial court erroneously accepted the jury’s verdict finding appellant guilty of felony murder without requiring the jury to decide whether the killing was mitigated by the sudden passion resulting from serious provocation that could reduce the killing to voluntary manslaughter. Appellant sees error in the trial court’s acceptance of the jury’s verdict that found appellant guilty of felony murder without having entered a verdict with regard to voluntary manslaughter. [2] Appellant does not assert that the trial court gave an improper sequential charge (compare Edge v. State, 261 Ga. 865 (414 SE2d 463) (1992)), and it is clear from the trial transcript that the trial court correctly charged the jury on the law of malice murder, felony murder, and voluntary manslaughter, and properly instructed the jury that it had to consider whether mitigating circumstances reduced the killing to voluntary manslaughter before it was authorized to return a guilty verdict on the malice murder or felony murder charge. See Hayes v. State, 279 Ga. 642 (2) (619 SE2d 628) (2005); Edge v. State, supra, 261 Ga. 865.

Edge does not require a jury to make a finding concerning the existence or non-existence of sudden and violent passion resulting from serious provocation before returning a guilty verdict on malice or felony murder; Edge requires only that a jury be instructed that it must consider whether there existed such passion and provocation prior to returning a guilty verdict on malice or felony murder. Where, as here, the jury was instructed properly, we presume, in the absence of clear evidence to the contrary, that qualified jurors followed the trial court’s instructions to consider voluntary manslaughter before finding a defendant guilty of felony murder. Herring v. State, 277 Ga.[*10] 317 (6) (c) (588 SE2d 711) (2003). There being no evidence to the contrary, we conclude that the trial court did not err by accepting the jury’s verdict.

Decided April 24, 2012. Jennifer A. Trieshmann, for appellant. Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Marc A. Mallon, Arthur C. Walton, Assistant District Attorneys, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Brittany N. Jones, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.
1

The victim was stabbed on March 10,2007, and died as a result of complications from the wound two months later. In a true bill of indictment returned on September 21, 2007, a Fulton County grand jury charged appellant with malice murder, felony murder (aggravated assault), aggravated assault, and possession of a knife during the commission of a felony. Appellant’s trial commenced on February 16, 2009, and concluded the next day with the jury’s return of guilty verdicts on all charges except the malice murder charge. Appellant was sentenced on February 18 to life imprisonment on the felony murder conviction and a consecutive term of five years for possession of the knife. The aggravated assault conviction merged into the felony murder conviction as a matter of fact. Appellant’s motion for new trial was filed on February 16, 2009, was amended on December 2, 2010, and was the subject of a hearing on December 21, 2010. The amended motion was denied on July 11,2011, and a notice of appeal was timely filed on August 10, 2011. The appeal was docketed in this Court to the January 2012 term of court, and was submitted for decision on the briefs.

2

The jury was given a verdict form that listed malice murder, felony murder, aggravated assault, voluntary manslaughter, and possession of a knife during the commission of a felony. Under each crime was the phrase “We find the Defendant_.” The jury filled out the form finding appellant not guilty of malice murder, guilty of felony murder, aggravated assault, and possession of a knife, and returning no verdict with regard to voluntary manslaughter.