STROUD v. THE STATE
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Richard Stroud Jr. was convicted of felony murder and possession of a firearm during the commission of a felony in relation to the shooting death of Frederick Cade. Stroud and Jarvis Lamont Milton were indicted on multiple charges, including violating the Street Gang Terrorism and Prevention Act, malice murder, felony murder based on aggravated assault, possession of a firearm in the commission of a crime, and aggravated assault. After Milton's case was severed, Stroud was tried before a jury and was acquitted on the malice murder charge but found guilty on the remaining charges. Stroud was sentenced to life in prison with the possibility of parole for the felony murder charge and five years in prison for the firearm possession charge, to run consecutively.
Stroud filed a motion for a new trial, which was denied by the trial court. He then appealed his convictions, arguing that the State did not present sufficient evidence to support his convictions beyond a reasonable doubt and that the trial court should have granted his motion for a directed verdict.
The Supreme Court of Georgia affirmed Stroud's convictions. The court found that the evidence presented at trial, when viewed in the light most favorable to the jury's verdict, was sufficient to support Stroud's convictions for felony murder predicated on aggravated assault and possession of a firearm during the commission of a felony. The court concluded that even if the jury believed that Milton, and not Stroud, shot Cade, there was ample evidence of Stroud's conduct before, during, and after the shooting for the jury to find Stroud guilty as a party to the crimes because of a shared criminal intent. The court also found that the trial court did not err in denying Stroud's motion for a directed verdict.
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