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SEARS v. STATE

No. S11A1194.

717 S.E.2d 453 (2011)

290 Ga. 1

SEARS v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied November 7, 2011.

Attorney(s) appearing for the Case

Charles M. Evans , Morrow, for appellant.

Tracy Graham-Lawson , Dist. Atty., Billy J. Dixon , Asst. Dist. Atty., Samuel S. Olens , Atty. Gen., Paula Khristian Smith, Sr. Asst. Atty. Gen., Dana Elizabeth Wolk , Asst. Atty. Gen., for appellee.

NAHMIAS, Justice.

Tory Sears was convicted of felony murder in connection with the death of a 16-month-old girl. On appeal, he argues that the evidence was insufficient to show he acted with the requisite mens rea and that the trial court erred by declining to instruct the jury on his proposed accident defense. We affirm.

1. The evidence presented at trial, viewed in the light most favorable to the verdict, showed the following.1

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