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STATE v. LUCAS
CRIMINAL LAW — Child Abuse — Abuse Which Results in Death of Child Merges with Killing and Constitutes Single Offense — Felony-murder Doctrine Not Applicable.
OPINION ON REHEARING
The opinion of the court was delivered by
McFARLAND, J.:
In our original opinion, defendant's conviction of the child abuse of Shannon Woodside was affirmed, and his convictions of felony murder and child abuse of Shaina Woodside were reversed and the case was remanded for further proceedings. Subsequently, the State filed a motion for rehearing. The motion was granted on August 26, 1988.
The case was reargued on December 8, 1988. After due consideration, we affirm our original opinion.
MILLER, C.J., and SIX, J., dissenting.
HERD, J., I reassert my dissent to the original opinion.
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