impatientredhead
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I was under the understanding that both the murder charge and the felony charge had to be on the charge sheet. Please feel free to correct me if I'm wrong in that understanding. I don't presently have the time to research.
Yes, the aggravating felony must be included (in this case the aggravated child abuse). At the appeal level this has been the determining factor. If it is included then the jury was allowed to consider either. If the original indictment did not include the aggravating felony then felony murder was not an option because it was unfair to the defendant and their ability to defend themselves.