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DUNAGAN v. STATE

No. S98A0421.

502 S.E.2d 726 (1998)

269 Ga. 590

DUNAGAN v. The STATE.

Supreme Court of Georgia.

July 16, 1998.

Attorney(s) appearing for the Case

Michael C. Garrett, Garrett & Gilliard, P.C., Augusta, for Jonathan Daniel Dunagan.

Daniel J. Craig, Dist. Atty., Kelly Paige Brashear, Charles R. Sheppard, Asst. Dist. Attys., Augusta, Hon. Thurbert E. Baker, Atty. Gen., Elizabeth Lewis Jaeger, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

James C. Bonner, Jr., Georgia Indigent Defense Council, Atlanta, for Amicus Appellant.

HUNSTEIN, Justice.

Jonathan Dunagan was indicted on charges of malice murder, felony murder, and possession of a firearm during the commission of a felony arising out of the shooting death of Jason Freund. A jury found Dunagan guilty of felony murder and the possession charge. He appeals from the denial of his motion for new trial, contending error in the trial court's instructions to the jury.1 We agree and reverse.

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