Nature of the Case
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Facts
D and the victim, Cedric Tolbert, were in a vehicle attempting to sell marijuana to Jaquin Deaudrey Jones when Jones attempted to rob D and Tolbert with a gun. Tolbert died. D was indicted for felony murder. D argues that the predicate felony named in the indictment -- the unlawful distribution of a controlled substance -- is not 'clearly dangerous to human life.' D moved to dismiss the felony murder charge. The court denied the motion. D the filed a write of prohibition/mandamus directing the trial court judge to dismiss felony-murder charges against D.
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