under Georgia law felony murder and malice murder are different ways in which one offense may be committed, Leutner v. State, 235 Ga. 77, 218 S.E.2d 820 (1975), he argues the State was barred by the Double Jeopardy Clause from prosecuting him for malice murder in Bleckley County. The Supreme Court of Georgia responded to petitioner’s argument by holding that malice murder and kidnapping are not the same in law or in fact and thus are not the same offense under state law. It also determined that the state legislature intended, under the test in Ga. Code Ann. §§ 26-505 to 507, to permit multiple prosecutions and punishments in a case such as this. Stephens v. Hopper, 241 Ga. at 598-600, 247 S.E.2d at 94-95. Cf. Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980) (<HOLDING>). While this is the definitive interpretation
holding double jeopardy clause applicable to civil penalties under the false claims act holding that if double jeopardy clause is not violated because legislature intended double punishment section 7019 is not applicable and merger is not required holding that the double jeopardy clause prohibits courts from imposing greater penalties than the legislature intended holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment holding that the idaho constitution provides no greater protection from double jeopardy than does the federal constitution