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Wallace v. State

The trial court's erroneous jury charge on malice murder impermissibly shifted the burden of proof to defendant on the essential elements of intent and malice.

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A jury convicted Jermeal Wallace of malice murder and possession of a firearm in the shooting death of Shaun Gunn.1 Wallace appeals, contending that the trial court erred in charging the jury that the law presumes intent to kill from the use of a deadly weapon and presumes malice from the fact of a killing using a deadly weapon. These charges were clearly improper, and because we cannot say they were harmless beyond a reasonable doubt, we reverse the malice murder conviction. The erroneous charge, however, did not affect the felony murder conviction, and we remand for sentencing on that charge.

1. The evidence at trial, construed in the light most favorable to the guilty verdicts, showed that Wallace, his co-defendant Quincy Thomas,2 and Thomas’s brother drove to the Thomasville Heights apartments where they encountered the victim and two of his friends. Wallace stepped out of the car holding a gun, yelled that he was robbing the victims, and started firing when the victims tried to run away. Gunn was shot and died later that day. After the shooting, Wallace got back in the car and Thomas drove off. A police car began pursuit immediately and Wallace and Thomas were apprehended when their car crashed.

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