Henry v. GeorgiaAnnotate this Case
Tyron Henry was tried by jury in 2016 and acquitted of malice murder, but found guilty of felony murder and possession of a firearm during the commission of a felony in connection with the death of Michael Johnson. His amended motion for new trial was denied, and he appealed, asserting as his sole enumeration of error the trial court’s refusal to give his requested jury instructions on the affirmative defense of justification. In light of its recent decision in McClure v. Georgia, (Case No. S18G1599, decided Oct. 7, 2019), the Georgia Supreme Court concluded the trial court erred in refusing to give the requested instructions on justification by self-defense or the defense of others. Because the Court could not say it was highly probable that this error did not contribute to the jury’s verdicts, it reversed and remanded for further proceedings.