ATLANTA – A jury found Tex McIver guilty on four counts, one including felony murder, for the shooting death of his wife Diane McIver.
On Monday, a jury found Tex not guilty of malice murder, guilty of felony murder, guilty of aggravated assault, guilty of possession of a firearm, and guilty of influencing a witness.
Now we asked, what is the difference between malice and felony murder?
The difference between felony murder and murder is the absence of intent to kill. What is required for felony murder is for the victim’s death to occur during the commission of a felony.
11Alive’s Vinnie Politan broke down the jury’s verdict stating that Tex intended aggravated assault with his weapon against Diane but did not intend to kill her. The felony comes because he was found guilty of aggravated assault and Diane died.
Both malice murder and felony murder have the same penalty of life in prison.
PHOTOS | Tex McIver Murder Trial Evidence
Tex McIver was accused of intentionally killing his wife Diane on Sept. 25, 2016. Diane died after being shot in the back with a handgun while in the passenger's seat of an SUV. Tex was riding behind her and had a loaded revolver in his lap.