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WALLACE v. STATE

No. S02A1115.

572 S.E.2d 579 (2002)

275 Ga. 879

WALLACE v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied December 13, 2002.

Attorney(s) appearing for the Case

Carl P. Greenberg, Atlanta, for appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Christopher M. Quinn, Asst.

Dist. Attys., Thurbert E. Baker, Atty. Gen., Jill M. Zubler, Asst. Atty. Gen., for appellee.

FLETCHER, Chief Justice.

A jury convicted Jermeal Wallace of malice murder and possession of a firearm in the shooting death of Shaun Gunn.1 Wallace appeals, contending that the trial court erred in charging the jury that the law presumes intent to kill from the use of a deadly weapon and presumes malice from the fact of a killing using a deadly weapon. These charges were clearly improper, and because we cannot say they were harmless beyond...

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