MARSHALL v. STATE

No. S02A0568.

563 S.E.2d 868 (2002)

275 Ga. 218

MARSHALL v. The STATE.

Supreme Court of Georgia.

May 28, 2002.


Attorney(s) appearing for the Case

Charles H. Frier, Atlanta, for appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Marc A. Mallon, Asst. Dist. Attys., Thurbert E. Baker, Atty. Gen., Tammie J. Philbrick, Asst. Atty. Gen., for appellee.


HUNSTEIN, Justice.

Appellant Timothy Marshall was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the death of Mico Curtis. He appeals from the denial of his motion for new trial, and we reverse.1

1. The evidence authorized the jury to find that on the night of the shooting Curtis went to appellant's home and joined appellant and others who were drinking...

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