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Cheddersingh v. State

The murder defendant was entitled to a new trial as the preprinted verdict form erroneously instructed the jury that, in order to find the defendant not guilty of the charged crimes, it had to do so unanimously and beyond a reasonable doubt.

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Soniel D. Cheddersingh appeals his conviction for the malice murder of Michael Walker, Jr., as well as his convictions for aggravated assault, armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon.1 For the reasons that follow, we reverse. Construed to support the verdicts, the evidence showed that Walker and his cousin, Anthony Mack, Jr., were at the house of a friend. Mack answered a knock at the door and admitted Cheddersingh. Two minutes later, two other men knocked on the door of the home and forced their way inside; one man brandished an AK-47 assault rifle. Cheddersingh produced a .32 caliber handgun. Mack was kicked to the ground, and one of the intruders demanded, “Where the money at”, and Mack replied that he had $70 upstairs. Cheddersingh shot Walker with the handgun. Mack was forced upstairs and produced the money. The individual with the AK-47 accused Mack of lying about not having more cash, shot Mack in his right-hand side, and fled. Cheddersingh demanded Mack produce more money, told him “We didn’t come for nothing,” shot Mack in the left side of his chest, and fled. Mack went downstairs, answered a ringing telephone, spoke with Walker’s mother over the telephone, then dialed 911.

1. The evidence was sufficient to enable a rational trier of fact to find Cheddersingh guilty beyond a reasonable doubt of all the crimes of which he was convicted. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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