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FLANDERS v. STATE

No. S04A1873.

609 S.E.2d 346 (2005)

279 Ga. 35

FLANDERS v. The STATE.

Supreme Court of Georgia.

February 21, 2005.

Attorney(s) appearing for the Case

Rodney Samuel Zell, Zell & Zell, P.C., Atlanta, for Appellant.

Patrick H. Head, Dist. Atty., Dana J. Norman, Asst. Dist. Atty., Hon. Thurbert E. Baker, Atty. Gen., Frank Murray Gaither, Jr., Asst. Atty. Gen., for Appellee.

THOMPSON, Justice.

Arkee Sheriff Flanders was convicted of malice murder, felony murder, and possession of a firearm during the commission of a felony, in connection with the shooting death of Jessica Tower.1 On appeal, Flanders asserts, inter alia, that the trial court gave an improper charge on malice murder allowing the jury to infer intent to kill from the use of a deadly weapon. We agree that the charge was erroneous, however, we...

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