Georgia v. SuttonAnnotate this Case
The State indicted appellee Jerry Sutton for malice murder in connection with the shooting of his brother-in-law, William Anderson. The trial court granted Sutton's motion to dismiss, finding that appellee acted in self-defense, and thus immune from prosecution under OCGA 16-3-24.2. The State appealed, arguing the trial court erred in granting the motion to dismiss the indictment. The Supreme Court agreed with the trial court's finding that a preponderance of the evidence showed that appellee shot the deceased because he reasonably believed such force was necessary to prevent death or great bodily injury to himself or his mother from the deceased's imminent use of unlawful force. The Court therefore affirmed the trial court's judgment.