DONALD v. STATE

No. S10A1118.

700 S.E.2d 390 (2010)

DONALD v. The STATE.

Supreme Court of Georgia.

September 20, 2010.


Attorney(s) appearing for the Case

Barbara B. Claridge , Augusta, for appellant.

Thurbert E. Baker , Attorney General, Jason C. Fisher , Asst. Atty. Gen., Ashley Wright , District Attorney, Charles R. Sheppard , Asst. Dist. Atty., for appellee.


MELTON, Justice.

Following a jury trial, Steven Anthony Donald appeals his convictions for felony murder and possession of a firearm,1 contending that, under the facts of this case, the trial court improperly instructed the jurors that "juries are not bound to believe testimony as to facts incredible, impossible, or imperatively improbable." For the reasons set forth below, we agree and reverse.

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