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Lewis v. State

The defendant's convictions for felony murder and a firearms offense were reversed, since trial court improperly gave the jury a sequential charge in violation of Edge v. State, 261 Ga. 865 1992.

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Defendant Jeffrey Daniel Lewis was convicted of the felony murder of Richard Golden and possession of a firearm during the commission of a crime.1 On appeal, Lewis asserts, inter alia, that the trial court gave the jury a sequential charge in violation of Edge v. State , 261 Ga. 865 414 SE2d 463 1992, and that it erred by allowing the State to waive initial closing argument and present a full summation of the case after defendant gave his closing. Finding harmful error in the trial court’s charge, we reverse. On the evening of May 14, 2004, Jeffrey “Sug” Lewis, Richard Golden, Alvin Whitfield and Daniel Skinner were drinking beer in a shed behind Skinner’s house. As Lewis got up to leave the shed, he began arguing with Golden about a fight the two men had a year earlier, during which Lewis struck Golden and Golden stabbed Lewis in the back with a knife.

At some point during this argument, Lewis slapped Golden on the head. In response, Golden picked up a plastic chair and turned toward Lewis. Skinner jumped between the two men and told them to leave the shed. Whitfield told Lewis, “Sug, don’t shoot that boy.” A shot rang out, and Golden spun around and fell onto a sofa. Lewis, who had been standing in the doorway at the time the shot was fired, turned and left without saying a word. The following evening, Lewis surrendered to authorities.

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