STATE v. KELLY

No. S11A0734.

718 S.E.2d 232 (2011)

290 Ga. 29

The STATE v. KELLY.

Supreme Court of Georgia.

November 7, 2011.


Attorney(s) appearing for the Case

Paul L. Howard, Jr. , Dist. Atty., Marc A. Mallon , Paige R. Whitaker, Asst. Dist. Attys., for appellant.

Cromwell & Hibbert, Henry A. Hibbert , for appellee.


HUNSTEIN, Chief Justice.

We granted the State's interlocutory appeal, in which it challenges the grant of a new trial to appellee Lonnie Kelly as the result of the finding of a fatal omission in the jury charge, to address (1) the circumstances under which an appellate court may review alleged jury instruction errors to which no objection was raised at trial, see OCGA § 17-8-58; and (2) assuming such review was appropriate in this case, whether the trial court...

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