CARLEY, Presiding Justice.
Appellant Sanyo Jerome Elvie was charged with the malice and felony murder of Marlon Sanders and two counts of possession of a knife during the commission of a felony. After a jury trial, he was found guilty of felony murder during the commission of aggravated assault, as well as one of the weapons charges. The trial court entered judgments of conviction on those guilty verdicts and sentenced Appellant to life imprisonment for murder and to a consecutive five-year term for the weapons offense. A motion for new trial was denied, and he appeals.
1. Construed most strongly in support of the verdicts, the evidence shows that Appellant slapped his wife Sheila McCray in their apartment and that she called the victim, who was her cousin, because she feared for her safety. When the victim arrived, Appellant retrieved two knives from the kitchen and put them into his pants pockets. Thinking that Appellant was going to hurt her, Ms. McCray went into the bedroom and locked the door. Appellant let the victim in and calmly exchanged greetings. The two conversed, there was a knock on the bedroom door, and, after further conversation, Ms. McCray heard the victim utter a single curse. Believing that Appellant had stabbed the victim, Ms. McCray jumped out of the bedroom window and called 911. The police found the victim stabbed to death, and Appellant had fled. After police located and
2. Appellant contends that the trial court violated Edge v. State, 261 Ga. 865, 414 S.E.2d 463 (1992) by failing to make clear in its jury instructions that the jurors were to consider voluntary manslaughter before considering whether Appellant was guilty of felony murder. However, before giving a full instruction on voluntary manslaughter and the requisite elements of passion and provocation, the trial court charged the jury as follows:
This instruction is nearly identical to the pattern charge and has frequently been relied upon in determining that the jury was not given improper sequential instructions in violation of Edge. Hayes v. State, 279 Ga. 642, 644(2), 619 S.E.2d 628 (2005); Murphy v. State, 279 Ga. 410, 412(5), 614 S.E.2d 53 (2005); James v. State, 270 Ga. 675, 679(9), 513 S.E.2d 207 (1999); Suggested Pattern Jury Instructions, Vol. II: Criminal Cases (4th ed.), § 2.10.40. See also Turner v. State, 283 Ga. 17, 19(1), 655 S.E.2d 589 (2008); Turner v. State, 272 Ga. 441, 442(2), 531 S.E.2d 354 (2000). Furthermore,
James v. State, supra. Compare Walker v. Williams, 282 Ga. 409, 411, 651 S.E.2d 59 (2007). "Having read the charge as a whole, we reject [A]ppellant's claim that it was misleading and/or confusing." Murphy v. State, supra.
Relying on Russell v. State, 265 Ga. 203, 205(3), 455 S.E.2d 34 (1995), Appellant also contends that the trial court erred in failing to admonish the jurors that if they found that the killing occurred as a result of provocation and passion, then they could not find Appellant guilty of felony murder. However, Russell has been modified to the extent that it required the trial court to state directly that a finding of voluntary manslaughter precludes a conviction for felony murder. See Hayes v. State, supra.
Hayes v. State, supra at 644-645(2), 619 S.E.2d 628.
Judgments affirmed.
All the Justices concur.