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Harris v. State

The trial court erred in charging that the jury could infer defendant's intent to kill from his use of a deadly weapon.

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Alan Shawn Harris was convicted of malice murder, and possession of a firearm during the commission of a felony, in connection with the death of Deonte Conway.1 In this appeal, Harris asserts the trial court erred in charging the jury that it could infer intent to kill from the use of a deadly weapon. We agree and reverse.

1. Viewing the evidence in a light favorable to the verdict, we find the following: Harris, who was 16-years old, and Conway, who was 17-years old, were friends. Shortly after Halloween, Conway was reported missing. One month later, the police found Conway’s body under the porch of the house in which Harris lived; it was wrapped in bed linens and bound with a cord. Conway had been shot twice: once in the head, and once in the chest.

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