Allen v. Georgia
Annotate this CaseJohnny Allen appealed his felony murder and aggravated assault convictions for killing Robert Patton. On appeal, Allen argued the trial court erred by admitting evidence of events that occurred after the shooting, and by admitting photographs of the autopsy performed on Patton. Allen also argued the trial court erred and invaded the province of the jury by instructing the jury that a firearm was a deadly weapon as a matter of law. After review, the Georgia Supreme Court vacated the sentence for aggravated assault, which merged with felony murder by operation of law, but otherwise affirmed, because the Court determined Allen did not show no reversible error by the trial court in admitting evidence or instructing the jury.
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