Benton v. GeorgiaAnnotate this Case
Freedell Benton was convicted by jury of malice murder, possession of a firearm by a convicted felon, and various other offenses in connection with the shooting death of Drexel Berry. On appeal, Benton contended: (1) the evidence presented at trial was insufficient to support his conviction; (2) the trial court erred by allowing the jurors to submit questions to be posed to witnesses; (3) the trial court erred when it allowed into evidence certain autopsy photographs; and (4) that his trial counsel was ineffective. The Supreme Court affirmed in part, vacated in part, and remanded for resentencing. The Court found that the portion of the sentence purporting to merge the possession of a firearm by a convicted felon count into malice murder was made in error.