Criminal Law

Brief

Hines v. State

Procedural History:

• Jury convicted Hines on felony murder based on the underlying crime of possession of a firearm by a convicted felon.
• Appealed.
• Affirmed.

Facts:

• Late afternoon of April 8, 2001, Hines and some friends and relatives went turkey hunting.
• They split into two groups.
• As it was getting dark, Hines heard a turkey gobble and saw it ‘fan out’ and shot in that direction.
• Hines shot hit the victim about 80 feet away and the victim died.
• Hones does not think that possession of a firearm by a convicted felon is an inherently dangerous felony to support a conviction of felony murder.

Issue:

• Was the possession of a firearm by a convicted felon inherently dangerous to human life?

Holding:

• Yes. Affirmed.

Reasoning:

• Hines intentionally fired his shotgun intending to hit his target.
• He had been drinking.
• He knew other hunters were in the area but was unaware of their actual location.
• He took an unsafe shot at dusk.
• Under these circumstances, Hines violation of the prohibition of a firearm created a foreseeable risk of death.