Day v. State

Defendant was not entitled to a new trial, even though the trial court charged the entire statute on possession of a firearm during the commission of a felony, since the court limited the jury's deliberation to the crime charged in the indictment and the indictment went out with the jury.

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Charles Day was charged with armed robbery, aggravated assault, and possession of a firearm during the commission of a felony. He was tried and convicted of aggravated assault and possession of a firearm during the commission of a felony. The jury was unable to reach a verdict on the armed robbery count and the court declared a mistrial. Day appeals, contending that the court erred in denying his motion to arrest judgment on the conviction for possession of a firearm during the commission of a felony because that verdict was inconsistent with the mistrial on the armed robbery charge; and that the court erred in instructing the jury regarding possession of a firearm during the commission of a felony. For the following reasons, we reject these arguments and affirm.

Viewing the evidence in the light most favorable to the verdict, on January 1, 1998, Alonzo Price and his wife were seated in their car in the driveway of their residence. Day approached the car, knocked on the car window and asked for money. Price told Day that he had no money, and Price then got out of the car. At this point, Day pulled a gun out of his pants and fired it at the ground. Price got his wallet and dropped his money on the ground. When Price tried to retrieve the money, Day told him to get back. Day then got the money, returned to his car, and left the scene. Price’s wife, Deborah Price, stayed in the car during the crime. Both she and Price testified to this version of events and both identified Day at trial as the robber.

Day v. State

Defendant was not entitled to a new trial, even though the trial court charged the entire statute on possession of a firearm during the commission of a felony, since the court limited the jury's deliberation to the crime charged in the indictment and the indictment went out with the jury.

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