Henryv.The State
Tyron Henry was convicted of felony murder and possessing a firearm during a felony after Michael Johnson was shot and killed in Savannah. Henry did not testify, but the defense argued both that another participant was the shooter and that the evidence supported justification in defense of Henry and his companions. The trial court refused to instruct the jury on justification and prevented defense counsel from arguing that theory because Henry had not admitted firing the shots. The Georgia Supreme Court reversed. Relying on its contemporaneous decision in McClure, the Court held that a defendant need not admit the charged act to raise an affirmative defense and may present inconsistent defenses in the alternative. The evidence, viewed from the perspective of reasonable jurors, did not make the instructional error harmless because the omitted instructions deprived the jury of a legal framework for evaluating the defense. The Court reversed the convictions, while recognizing that the State could retry Henry because the evidence was legally sufficient.
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