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When a jury returns guilty verdicts on both felony murder and malice murder convictions arising from the death of one person, the felony murder conviction, not the malice murder conviction, stands vacated by operation of law.
We also note that the trial court treated appellants' malice murder convictions as surplusage and sentenced them only on the felony murder convictions.
The photograph was relevant to identify appellant Rittenhouse and to show how he appeared at the time of the crime.
The trial court did not err in admitting the photograph into evidence. Since booking photographs have been held not to inject character into evidence because they do not suggest that the defendant has committed previous crimes, appellant Rittenhouse has failed to demonstrate how the admission of the photograph prejudiced him.
Appellant Rittenhouse filed a motion for new trial on May 27, 1999, which was denied on July 7, 1999.Die Bezirksobleute Junker und Gaugl sind sich einig: „Von diesem Format profitieren beide Seiten gleichermaßen und es freut uns sehr, dass es von unseren Mitgliedern sehr gut angenommen wird. We conclude that the evidence was sufficient to enable the jury to find beyond a reasonable doubt that both appellant Rittenhouse and appellant Taylor were guilty of felony murder. Second, there must be sufficient evidence that the accused committed the independent act. In order for evidence of prior bad acts to be admissible, the State must demonstrate the following three elements: First, the evidence must be admitted for an appropriate purpose and should not raise an improper inference regarding the character of the accused. At the hearing, the State declared that it was presenting the evidence to show appellant Rittenhouse's intent and course of conduct, purposes which are recognized as appropriate.
Terry Hall was found dead after an altercation with appellants Jerry Joe Rittenhouse and Matthew Adam Taylor at a nightclub.