STEPHENS v. STATE

Nos. A00A0974, A00A975.

538 S.E.2d 882 (2000)

245 Ga. App. 823

STEPHENS v. The STATE (Two Cases).

Court of Appeals of Georgia.

September 8, 2000.


Attorney(s) appearing for the Case

Peter D. Johnson, Augusta, for appellants.

Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.


ANDREWS, Presiding Judge.

John and Dwayne Stephens appeal from the judgment entered after a jury found them guilty of hijacking a motor vehicle. Because we conclude the trial court erred when it charged the jury that it was "not bound to believe incredible, impossible or inherently improbable" testimony, we reverse.

The evidence at trial, taken in the light most favorable to support the verdict, was as follows. Herman McCladdie and Mike Eubanks left Club Hollywood...

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