STATE v. HENDERSON

No. A06A1720.

640 S.E.2d 686 (2006)

The STATE v. HENDERSON.

Court of Appeals of Georgia.

December 19, 2006.


Attorney(s) appearing for the Case

W. Kendall Wynne, Jr., District Attorney, Robert A. Rogers, Assistant District Attorney, for appellant.

Charles E.W. Barrow, Leigh S. Schrope, Donna L. Clement, for appellee.


RUFFIN, Chief Judge.

Terry Henderson was charged by accusation with possession of a firearm by a convicted felon and reckless conduct. Henderson moved to dismiss the charge of possession of a firearm by a convicted felon on the basis of mistake of fact. The trial court granted Henderson's motion to dismiss. The State appeals, arguing that the issue should be decided by a jury. For reasons that follow, we reverse.

In his motion to dismiss the charge of possession...

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