Johnson v. State
Annotate this CaseDefendant appealed his conviction for felony murder, theft by receiving stolen property, felony fleeing and attempting to elude police, and aggravated assault. On appeal, defendant contended, among other things, that the trial court's instructions to the jury were erroneous. The court held that the evidence adduced at trial was sufficient to authorize a rational trier of fact to find defendant guilty beyond a reasonable doubt of the charges for which he was convicted. The court rejected defendant's contention that the trial court erroneously included an improper definition of the term "collateral" during a re-charge to the jury regarding felony murder where it was clear that the trial court gave jurors the pattern charge on felony murder at least three times. The court also held that the trial court did not err in denying a request to instruct the jury on a lesser-included offense which was not before it. The court further held that the trial court's statement regarding the existence of a scrivener's error in the indictment referred only to the incomplete count and did not contain an expression or intimation regarding the remaining counts. The court rejected defendant's contention that his conviction for felony murder based on aggravated assault must be overturned because the trial court omitted the definition of simple assault in its initial charge to the jury and in a subsequent re-charge. Therefore, the court held that, viewing the charges as a whole, there was no error. Accordingly, the judgment was affirmed.
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