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A jury found Anthony Hill guilty of malice murder, felony murder, robbery by force, aggravated battery, and aggravated assault, in connection with the death of Howard Hyers case number S01A0670. In the same trial, Stephen Purcell Jones was found guilty of felony murder and robbery by force, stemming from the same incident case number S01A0671.1 They appeal their convictions and for the reasons that follow, we affirm in part and vacate in part in case number S01A0670, and affirm in case number S01A0671.

Construed to support the verdicts, the evidence showed that Anthony Hill, co-defendant Stephen Jones, and Stacy Alderman stopped at a convenience store to allow Alderman to use the telephone. Howard Hyers, the victim, was seated on the curb using an inhaler. Hyers was 64 years old and had emphysema. While Hill and Jones were waiting for Alderman, Hyers asked for help in changing his tire, offering to pay five dollars. As the three men went to Hyers’s pickup truck, Hill suggested robbing Hyers;2 Hyers had difficulty walking to his truck and was not present when the suggestion was made. When Hyers was in front of the open hood looking for the jack, Alderman ran and Hill hit Hyers in the head. Hyers fell to the ground, and Jones stood over Hyers. Hill and Jones emptied Hyers’s pockets and ran, meeting Alderman. Hill, who was holding Hyers’s wallet, told Alderman not to say anything or he would not share in the money. Later, Hill and Jones went to Alderman’s house and Hill repeated the admonition to remain silent. Hill and Jones later gave statements to the police in which they claimed that Alderman struck Hyers. Hyers died five months later from complications of the head injury and the required surgery.

 
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