They specify § 16-5-1(a) in the indictment, which means they are charging him with malice murder.
Darn.. I couldn't find 16-5-1(a) anywhere so I assumed that meant felony murder. Well hopefully they will be able to get capital punishment based on what you said.
Wonder why they couldn't prove felony murder? I know there was some guess earlier on these boards that the felony was rape.