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Prather v. State

The jury was not authorized to find the defendant guilty of possessing a weapon during the commission of a crime that was not charged in the indictment or addressed by the trial court in its jury charge.

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After a jury trial, Sean Prather was convicted of voluntary manslaughter, possession of a weapon during the commission of a crime, and possession of a sawed-off shotgun. He now appeals the trial court’s denial of his motion for new trial.

Viewed in the light most favorable to the jury’s verdict, the evidence showed that Prather and the victim, Keith Hampton, frequented a house on Murray Street in Newnan, Georgia. Tensions arose between the two men when they argued over a video game and allegations of stealing. On the night of March 23, 2001, Prather threatened to kill Hampton. The next evening, March 24, Prather and Hampton got into an altercation at the Murray Street house, and Hampton slapped Prather in the face. Several eyewitnesses testified that Hampton was not armed at the time. Prather ran away, and Hampton chased him for a while. Both men later returned, but when Prather came back, he was carrying a sawed-off shotgun. He told Hampton’s girlfriend to tell Hampton that “it’s on,” which she interpreted to be a threat. When Prather later found Hampton, he aimed the gun at him. The two argued for a while, and when Hampton challenged Prather to shoot him, the gun went off striking Hampton in the neck and chest. Eyewitnesses testified that Hampton was unarmed and that he had made no threatening moves toward Prather at the time of the shooting.

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