Statev.Phillips
Five officers were indicted after Fernando Rodriguez died while they restrained him; the State charged felony murder predicated on violation of oath by a public officer. The trial court dismissed that count because violation of oath was not an inherently dangerous felony. The Supreme Court of Georgia vacated, holding that a predicate felony need not be dangerous per se if its alleged manner of commission creates a foreseeable risk of death. The allegation that officers asphyxiated Rodriguez by holding him prone and applying pressure did not foreclose a jury finding that risk; the Court remanded for consideration of other demurrer grounds the trial court had not reached. Chief Justice Peterson, joined by Justice LaGrua, concurred that the alleged oath to serve citizens courteously and professionally might not be prescribed by law and therefore might not support the charge.
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