Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Murphy v. State

The trial court did not err in asking the jury to disregard a contemporaneous, but incorrect charge on mistake of fact.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Reginald Murphy and Damien Chapman were tried jointly for the felony murder of Chapman’s mother. They were found guilty and sentenced to life imprisonment, but their convictions were reversed on appeal. Chapman v. State , 273 Ga. 865 548 SE2d 278 2001. They were retried, and again found guilty of felony murder. Murphy appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.1 1. Murphy does not enumerate the general grounds. However, we have conducted an independent review of the record and transcript which shows the existence of sufficient evidence to authorize a rational trier of fact to find proof beyond a reasonable doubt of his guilt of felony murder during the commission of aggravated assault. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Chapman v. State , supra at 867 1.

2. Pursuant to Murphy’s request, the trial court charged the jurors that they could not base a conviction merely upon a “grave suspicion” of his guilt. See Quintana v. State , 276 Ga. 731, 735 6 583 SE2d 869 2003. After giving that instruction, the trial court continued as follows: “A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by apprehension. Excuse me, this is an incorrect charge. I’ll ask you to disregard this charge.”

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
(EXCLUSIVE FULLY REMOTE) INSURANCE COVERAGE ASSOCIATE OR COUNSEL WANTED FOR MULTI-STATE BOUTIQUE LAW FIRM (Florida)

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›
(EXCLUSIVE) IN-HOUSE GENERALIST ATTORNEY WANTED FOR PRIVATELY OWNED CONSTRUCTION SERVICES FIRM (Atlanta, GA)

Our client, an Atlanta-based and family-owned commercial construction services firm, has engaged us to identify an in-house attorney for the...


Apply Now ›
Agency Attorney

The Office of the Special Commissioner of Investigation for the New York City School District ( SCI ) has broad authority to investigate wro...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements